Oxford Iron Co. v. Quinchett
Supreme Court of Alabama
Appeal from tbe Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. This was an action, by the appellee, Quinchett, against the appellant, the Oxford Iron Company, to recover damages for the breach of an independent covenant or agreement, in not delivering to the appellee certain mules loaned or hired to the Oxford Iron Company in the year 1864. The facts in relation to the motion to suppress the deposition of the appellee, Quinchett,. and the evidence in relation to…
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Appeal from tbe Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. This was an action, by the appellee, Quinchett, against the appellant, the Oxford Iron Company, to recover damages for the breach of an independent covenant or agreement, in not delivering to the appellee certain mules loaned or hired to the Oxford Iron Company in the year 1864. The facts in relation to the motion to suppress the deposition of the appellee, Quinchett,. and the evidence in relation to the loan or hiring of the mules, are sufficiently set out in the opinion.
1Opinion of the CourtPeck, C. J.
The deposition of the appellee, the plaintiff below, should have been suppressed.
The suit was commenced in Augttst, 1866. The summons was issued against the appellant, as a body corporate.
The return of the sheriff is in the following words, to-wit: “Executed by serving a copy on E. G. Robinson, agent of the defendant.”
There is no evidence in the record, in addition to the sheriff’s return, that said Robinson was the defendant’s agent.
The cause was put upon the docket at the fall term, 1866, and was continued, from term to term, until the March term of the court, 1869, when the defendant…
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