Lake v. Gaines & Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. ¥m. E. Clakke. The nature of the action, and the material facts disclosed by the evidence are stated in the opinion.
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Appeal from Mobile Circuit Court. Tried before Hon. ¥m. E. Clakke. The nature of the action, and the material facts disclosed by the evidence are stated in the opinion. It may be added,however, that an itemized statement of the advances obtained by the tenant, Scott, from the plaintiffs, is made an exhibit to the bill of exception's, from which it appears that the principal items were for provisions, dry-goods, teams and farming implements ; there were also charges for tobacco, whiskey and snuff. The evidence tended to show that the cotton received from Scott by the defendants was worth “…
1Opinion of the CourtStone, J.
There was a motion in the circuit court to strike the amended complaint from the file, and an exception to the action of the court in overruling the motion. We find but one count of a complaint in the transcript, and can not tell whether it is an original or an amended count. This exception must be disallowed, because there is nothing in the record by which we can determine whether or not there was error in the ruling. Error can not be presumed, but must be affirmatively shown.—Mc Williams v. Phillips, 71 Ala. 80.
Gaines, one of the plaintiffs, being examined as a witness, was asked on…
2Cases cited3 opinions
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- McWilliams v. PhillipsSupreme Court of Alabama · 1881
- Lewis v. Dillard & JonesSupreme Court of Alabama · 1880
3Cited by4 opinions
- First National Bank v. SproullSupreme Court of Alabama · 1894
- Thompson v. PowellSupreme Court of Alabama · 1884
- Bush & Co. v. WillisSupreme Court of Alabama · 1900
- Steinhardt v. BellSupreme Court of Alabama · 1885