Legal Opinion

American Cast-Iron Pipe Co. v. Birmingham Tailoring Co.

Supreme Court of Alabama

Decided October 27, 1921No. 6 Div. 484PublishedCited by 2 opinions

Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action hy the Birmingham Tailoring Company against the American Cast-Iron Pipe Company upon an assignment of wages. Judgment for the plaintiff, and the defendant appeals.

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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action hy the Birmingham Tailoring Company against the American Cast-Iron Pipe Company upon an assignment of wages. Judgment for the plaintiff, and the defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. Upon reguest of counsel for the defendant, the trial court found the following to be the fact: That one Jim Sadler was indebted to plaintiff in the sum of $5.50, balance due on clothing purchased from plaintiff on 5th da£ of June, 1915; that at the time of the said purchase he executed to…

1Opinion of the CourtMcCLELLAN, J.

This is the second appeal in this cause, the former review by the Court of Appeals being reported in 16 Ala. App. 583, 80 South. 157. The reversal was then predicated on a construction of Code, § 5360, that this court, in Jones v. Hines, 205 Ala. 145, 87 South. 531, 532, found, belatedly, was erroneous.

[1-4] The action, instituted hy appellee against appellant, is based on an assignment of or order for $5.50, wages the appellant was due one Sadler, its employee, for work done within a stipulated period. It is manifest from the record that the findings, conclusions, and judgment of the trial…

2Cases cited4 opinions

  1. Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
  2. Jones v. HinesSupreme Court of Alabama · 1920
  3. American Cast-Iron Pipe Co. v. Birmingham Tailoring Co.Alabama Court of Appeals · 1918
  4. Salvo v. Wilson & Co.Supreme Court of Alabama · 1914

3Cited by2 opinions

  1. Germania Fire Ins. v. Fort Worth Grain & Elevator Co.Court of Appeals of Texas · 1925
  2. Germania Fire Ins. v. Fort Worth Grain & Elevator Co.Court of Appeals of Texas · 1925

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