Alabama Iron Co. v. Smith
Supreme Court of Alabama
Appeal from Clierokee Circuit Court. Heard before Hon. W. W. Haralson. Action in assumpsit by W. A. Smith against the Alabama Iron Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Clierokee Circuit Court. Heard before Hon. W. W. Haralson. Action in assumpsit by W. A. Smith against the Alabama Iron Company. Judgment for plaintiff, and defendant appeals. The first count in the complaint claims a sum certain on account of one Tom Sullivan, who was then in the employ of defendant, for wages, and who executed and delivered to plaintiff an order assigning to plaintiff all wages then due or to become due from defendant to said Sullivan from and after the 22d day of February, 1905, and until said Sullivan should bring defendant a receipt from plainttiff showing…
1Opinion of the CourtAnderson, J.
Clearly the proof did not support those counts grounded’upon an acceptance by the defendant of the orders; but there was proof in support of counts 8 and 9, and Avhich Asms sufficient to prevent the general charge as to the entire complaint. Nor Avill the trial court he put in error for refusing the affirmative charge as to certain counts in the form in which they Avere asked in the case at bar. — Goldstein v. Leake, 138 Ala. 573, 36 South.458.
The trial court did not err in permitting the introduction of the orders. The plaintiff testified that Allen agreed to turn over to him the wages of…
2Cases cited1 opinion
- Goldstein v. LeakeSupreme Court of Alabama · 1903
3Cited by11 opinions
- Crocker v. LeeSupreme Court of Alabama · 1954
- Dollar v. McKinneySupreme Court of Alabama · 1958
- Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
- Morgan-Hill Paving Co. v. ThomasSupreme Court of Alabama · 1931
- Britling Cafeteria Co. v. IrwinSupreme Court of Alabama · 1935
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