White v. Craft & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke. This action was brought by Craft & Co., the successors in business to Tousmere & Cralt, suing as partners, against Hettie White; and was commenced in a justice’s court, on the 27th November, 1887. The cause of action before the justice was described as “ain’t bill, bal. $98.20and the complaint filed in the Circuit Court on appeal, which contained only the common counts, each claimed that sum as due…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke. This action was brought by Craft & Co., the successors in business to Tousmere & Cralt, suing as partners, against Hettie White; and was commenced in a justice’s court, on the 27th November, 1887. The cause of action before the justice was described as “ain’t bill, bal. $98.20and the complaint filed in the Circuit Court on appeal, which contained only the common counts, each claimed that sum as due December 1st, 1884. The defendant pleaded the general issue and payment, and issue was joined on these pleas. Before…
1Opinion of the CourtClopton, J.
This court has uniformly ruled, that when the party making an objection to the admissibility of evidence does not particularize, and the ground of objection does not appear on the face of the evidence, the court is not bound to search for it, and may disregard it. The objection to the admissibility of the account, upon which the action was founded, was general. The specific objection now urged is a variance between the account and the bill of particulars. In order to ascertain whether this ground of objection existed, the court would have to compare the papers. This the court can not be…
2Cases cited3 opinions
- Carlisle v. KillebrewSupreme Court of Alabama · 1889
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
3Cited by4 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Horton v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
- Sulzbacher v. CampbellSupreme Court of Alabama · 1929
- Riddle v. WebbSupreme Court of Alabama · 1895