Albert Hass Lumber Co. v. Gibson
Supreme Court of Alabama
Detinue. Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Bichardson. Detinue by the Albert Hass Lumber Company against J. W. Gibson. From a judgment dismissing the suit for noncompliance with an order of court, plaintiffs appeal. On July 8, 1909, the defendant filed interrogatories to the plaintiff, under section 4049 et seq. of the Code of 1907, and a copy of these interrogatories was on the 12th day of July, 1909, filed upon the attorney of record of plaintiff.
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Detinue. Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Bichardson. Detinue by the Albert Hass Lumber Company against J. W. Gibson. From a judgment dismissing the suit for noncompliance with an order of court, plaintiffs appeal. On July 8, 1909, the defendant filed interrogatories to the plaintiff, under section 4049 et seq. of the Code of 1907, and a copy of these interrogatories was on the 12th day of July, 1909, filed upon the attorney of record of plaintiff. On September 15, 1909, it was ordered by the court that plaintiff pay all the costs in the case up to this time and…
1Opinion of the CourtAnderson, J.
The interrogatories were served on one of the plaintiff’s attorneys of record, and such service ivas authorized by the statute. — Section 4050 of the Code of 1907; Jackson v. Hughes, 6 Ala. 257; Gain Lumber Co. v. Standard Co., 108 Ala. 346, 18 South. 882.
Section 4055 is as follows: “If answers to the interrogatories are not filed Avithin thirty days after service of a copy of the interrogatories, or Avhen the ansAvers are not full, or are evasive, the court may either attach the party and cause him to ansAver fully in open court, or tax him Avith so much costs as may be just, and continue…
2Cases cited4 opinions
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Cain Lumber Co. v. Standard Dry Kiln Co.Supreme Court of Alabama · 1895
- Price v. CarneySupreme Court of Alabama · 1883
- Jackson v. HughesSupreme Court of Alabama · 1844
3Cited by11 opinions
- Parker v. NewmanSupreme Court of Alabama · 1917
- Weatherly v. Baptist Medical CenterSupreme Court of Alabama · 1981
- Everett v. EverettMichigan Supreme Court · 1947
- State v. DangeloSupreme Court of Iowa · 1918
- City of Mobile v. WooleySupreme Court of Alabama · 1965
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