United States Cast Iron Pipe & Foundry Co. v. Marler
Supreme Court of Alabama
Certiorari to Court of Appeals." Proceeding between L. A. Marler and the United States Cast Iron Pipe & Foundry Company. Judgment for the former was reversed on appeal by the Court of Appeals (86 South. 103), and L. A. Marler petitions for certiorari to the Court of Appeals to review and revise such judgment.
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Certiorari to Court of Appeals." Proceeding between L. A. Marler and the United States Cast Iron Pipe & Foundry Company. Judgment for the former was reversed on appeal by the Court of Appeals (86 South. 103), and L. A. Marler petitions for certiorari to the Court of Appeals to review and revise such judgment. Having been induced to sign the release through fraud, Marley was not obliged to tender the money back in order to maintain his act. 137 Ala. 414, 34 South. 997; 170 Ala. 530, 54 South. 280; 127 Mass. 86, 34 Am. Rep. 349 ; 124 Iowa, 257, 99 N. W. 1069; 03 Mich. 690, 30 N. W. 688; 126…
1Opinion of the Court
McCLELLAN, j.
Petition for certiorari to the Court of Appeals to review the action of that court in reversing the judgment in the above-styled cause, reported in 86 South. 103. In the opinion of Presiding Judge Bricken, concurred in by Judge Merritt, it was held that—
“There is no evidence as to the -exact amount that was due plaintiff for insurance, if anything was due. and there is no evidence as to whether the $50 that was paid plaintiff was more than the insurance or less than the insurance.”
The writ prayed for is denied — a conclusion in which ANDERSON, C. J., and Mc-OLBLLAN, SAYRE,…
2Cases cited2 opinions
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- United States Cast Iron & Foundry Co. v. MarlerAlabama Court of Appeals · 1920
3Cited by3 opinions
- Ledbetter v. Frosty Morn MeatsSupreme Court of Alabama · 1963
- Payne v. ColemanAlabama Court of Appeals · 1922
- Alabama Co. v. BrownSupreme Court of Alabama · 1921