Little v. Smith
Supreme Court of Alabama
Appeal from Cleburne County Court. Tried before Hon. T. J. Burton. The appellant, as landlord, sued by attachment upon an alleged account for rent and advances due from the appellee, as tenant.
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Appeal from Cleburne County Court. Tried before Hon. T. J. Burton. The appellant, as landlord, sued by attachment upon an alleged account for rent and advances due from the appellee, as tenant. Without giving the facts in detail it is sufficient to say that the plaintiff’s evidence tended to show that he had an account against the defendant for rent and advances contracted during the tenancy from the year 1891 to 1897 inclusive; that on December the 16th, 1897, ’he had a settlement with the defendant on the rented premises, in the presence of one Brock and defendant’s two sons, on which…
1Opinion of the CourtMcCLELLAN, J.
This is an appeal from a judgment rendered by the judge of the county court under special statutory provisions sitting without a jury. The complaint contains two counts, one on an open account and the other on an account stated. It cannot be maintained with any force and is not attempted to be that the evidence furnishes sufficient data for judgment for plaintiff, Little, on an open account.
As to whether there was ever a stated account between the parties the evidence is oral and in direct conflict. Under these circumstances, and in recognition of *463the principles declared in Woodrow v.…
2Cases cited1 opinion
- Woodrow v. HawvingSupreme Court of Alabama · 1894
3Cited by4 opinions
- Millner v. StateSupreme Court of Alabama · 1907
- York v. StateSupreme Court of Alabama · 1908
- Glenn Refining Co. v. WebsterAlabama Court of Appeals · 1912
- Landrum & Co. v. WrightAlabama Court of Appeals · 1914