Legal Opinion

Goodman v. Walker

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 43 opinions

Appeal from the Circuit Court of Chambers. Tried before the Hon. RobeRT Dougherty. This action was brought by Maria Walker, executrix of the last will and testament of John H. Walker, deceased, against Benjamin L. Goodman andRobert Mitchell, partners in the profession and practice of law, to recover damages for the defendants’ negligence and unskillfulness in the institution and prosecution of a suit against Charles Bussey and Irwin Lawson, whereby plaintiff failed to…

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Appeal from the Circuit Court of Chambers. Tried before the Hon. RobeRT Dougherty. This action was brought by Maria Walker, executrix of the last will and testament of John H. Walker, deceased, against Benjamin L. Goodman andRobert Mitchell, partners in the profession and practice of law, to recover damages for the defendants’ negligence and unskillfulness in the institution and prosecution of a suit against Charles Bussey and Irwin Lawson, whereby plaintiff failed to collect the demand on which said suit was founded. A demurrer was sustained to each count in the declaration ; but this ruling…

1Opinion of the CourtStone, J.

This case has heretofore been before this court, (21 Ala. 647,) and it was then settled, that each count in the declaration contains a good cause of action. That opinion must stand as the settled law of this case. Wyatt’s Adm’r v. Steele, 26 Ala. 639. The jury, by their verdict, affirmed that “they believed all the evidence;” and the inquiry arises, does the evidence prove all the material averments in either of the counts ?

*495The injury complained of in the first count is charged to have resulted from the neglect and unskillfulness of the attorneys, in not haying the “writ of attachment,…

2Cases cited20 opinions

  1. Gilmore v. PopeMassachusetts Supreme Judicial Court · 1809
  2. Tomkies v. ReynoldsSupreme Court of Alabama · 1849
  3. Gunn v. CantineNew York Supreme Court · 1813
  4. Dunham v. GrantSupreme Court of Alabama · 1847
  5. Tate v. Shackelford's Adm'rSupreme Court of Alabama · 1854

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3Cited by43 opinions

  1. Dodge v. GaylordIndiana Supreme Court · 1876
  2. Teague v. CorbittSupreme Court of Alabama · 1877
  3. Polly v. McCallSupreme Court of Alabama · 1860
  4. Herring v. SkaggsSupreme Court of Alabama · 1878
  5. In Re the Estate of GilmanNew York Court of Appeals · 1929

38 more not listed; retrieve them via the Exa API.

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