Legal Opinion

Lambert v. Jefferson

Alabama Court of Appeals

Decided March 16, 1948No. 5 Div. 239PublishedCited by 5 opinions

1Opinion of the Court

HARWOOD, Judge.

The plaintiff in the court below, appellee here, filed his complaint consisting of one common 'count for work and labor done for the defendant, and claimed $852 due from the defendant therefor.

The defendant filed 4 pleas thereto. Plea 1 was the general issue; plea 2 set up payment; pleas 3 and 4 were of set-off and recoupment, respectively.

Plaintiff demurred to pleas 3 and 4, but before the demurrers were ruled on he filed additional pleas 5 and 6, again of set-off and recoupment, respectively.

The demurrers as filed and refiled were sustained.

Defendant thereupon filed plea 7,…

2Cases cited30 opinions

  1. White v. . MillerNew York Court of Appeals · 1877
  2. Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
  3. Pollock & Co. v. GanttSupreme Court of Alabama · 1881
  4. Aplin v. DeanSupreme Court of Alabama · 1935
  5. Culver v. HillSupreme Court of Alabama · 1880

25 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Roth v. SpeckDistrict of Columbia Court of Appeals · 1956
  2. Bank of Loretto v. BoboAlabama Court of Appeals · 1953
  3. American Life Insurance Co. v. ShellSupreme Court of Alabama · 1956
  4. Milwaukee Mechanics Ins. Co. v. MaplesAlabama Court of Appeals · 1953
  5. Milwaukee Mechanics Ins. Co. v. MaplesAlabama Court of Appeals · 1953

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