Phillips v. Holmes
Supreme Court of Alabama
Assumpsit.. • Appeal from Morgan Circuit Court.' Heard before Hon. D. W. Speake. Action by B. P. Hoimes and others against W. H. Phillips .and others, on a promissory note. Judgment for plaintiff in the court below, which was appealed by certiorari to the circuit court, where judgment was again rendered for plaintiff and defendants appeal.
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Assumpsit.. • Appeal from Morgan Circuit Court.' Heard before Hon. D. W. Speake. Action by B. P. Hoimes and others against W. H. Phillips .and others, on a promissory note. Judgment for plaintiff in the court below, which was appealed by certiorari to the circuit court, where judgment was again rendered for plaintiff and defendants appeal. The court erred in overruling demurrer to this complaint as it should have averred that the amount claimed was a reasonable charge for attorney’s fees, and the sum sued for should be definite and certain. — McKenzie v. Conner, 1 Stew. 162; Murkier v. Lynn,…
1Opinion of the CourtSayre, J.
— This suit, commenced before a justice of the peace by B. F. and A. L. Holmes, as partners in business under the name of Holmes Bros., against W. H. Phillips, G. F. Bucheit, and J. F Light, as joint makers of a promissory note, was, after judgment against all the defendants, removed to the circuit court by writ of certiorari, and to this court by appeal The complaint, after declaring in common form on the note, proceeded: “Plaintiffs claim of the defendants the further and additional sum of $15.00 or so much thereof as may be reasonable attorney’s fees in the premises, and plaintiffs aver…
2Cases cited5 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
- Lister v. VowellSupreme Court of Alabama · 1898
- Craig v. AtwoodSupreme Court of Alabama · 1831
- Davis v. DavisSupreme Court of Alabama · 1890
3Cited by13 opinions
- Central Iron & Coal Co. v. PenningtonSupreme Court of Alabama · 1923
- Ex Parte SlaughterSupreme Court of Alabama · 1928
- Morris v. McDermottSupreme Court of Alabama · 1932
- Williams v. WilsonSupreme Court of Alabama · 1920
- Sims v. SimsSupreme Court of Alabama · 1948
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