Marcrum v. Smith
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; O. Ivyle, Judge. Assumpsit by A. O. Smith and 'another against J. A. Marcrum, as administrator. Transferred from Court of Appeals, under section 6, Acts 191.1, p. 449. Judgment for plaintiffs, and defendant appeals.
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Appeal from Circuit Court, Madison County; O. Ivyle, Judge. Assumpsit by A. O. Smith and 'another against J. A. Marcrum, as administrator. Transferred from Court of Appeals, under section 6, Acts 191.1, p. 449. Judgment for plaintiffs, and defendant appeals. The complaint alleges that plaintiffs made an agreement with the deceased during her lifetime to furnish her board and fuel, do her washing, and care for her, and that, in compliance with said agreement, they did furnish her board and fuel, do her washing, and care for her from March 5, 1918, to April 8, 1919. Counsel insists that the…
1Opinion of the CourtMiller, J.
[1,2] A. C. Smith and Mattie K. Smith sue J. A. Marcrum, as administrator of the estate of Mary A. Smith, deceased, under the common counts for board, washing, fuel, nursing, care, and attention of decedent from November 5, 1918, to April 8, 1919. There was jury trial and verdict for plaintiffs, judgment of court thereon, and defendant appeals.
A. C. Smith is the husband of Mattie K. Smith. The husband and wife may contract with each other except as prohibited by statute. Section 4497, Code 1907. They (the husband and wife) could contract together to perform the services rendered deceased as…
2Cases cited4 opinions
- Griggs v. StateSupreme Court of Alabama · 1877
- Hood v. Pioneer Mining & Manufacturing Co.Supreme Court of Alabama · 1891
- Compton v. SmithSupreme Court of Alabama · 1897
- Schlapback v. LongSupreme Court of Alabama · 1890
3Cited by11 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Johnston v. CommissionerUnited States Tax Court · 1944
- Cragford Bank v. CummingsSupreme Court of Alabama · 1927
- Schroder v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1943
- Briley v. BrileyCourt of Civil Appeals of Alabama · 1974
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