Trammell v. Hudmon
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by R. J. Trammell, against G. N. Hudmon and O. M. Worthington, to enforce a statutory lien on a house and lot, for materials furnished by plaintiff and used in its construction; and was commenced on the 27th May, 1881. The lot belonged to Hudmon, and the house was built on it by Worthington under a contract with him.
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Appeal from tbe Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by R. J. Trammell, against G. N. Hudmon and O. M. Worthington, to enforce a statutory lien on a house and lot, for materials furnished by plaintiff and used in its construction; and was commenced on the 27th May, 1881. The lot belonged to Hudmon, and the house was built on it by Worthington under a contract with him. The complaint (or complaints) contained five counts, some of which alleged that the materials were furnished by plaintiff-under a contract between him and Hudmon, and claimed…
1Opinion of the CourtMcCLELLAN, J.
1. The question of misjoinder of counts in the complaint, presented by the demurrer, was before this court on a former appeal. It was then held, that the complaint was not open to this objection, and we see no reason now to reconsider that ruling. — Trammell v. Hudmon, 78 Ala. 22.
2. It was entirely within the discretion of the Circuit Court, to postpone or delay the trial temporarily, in order that counsel might have opportunity to examine a deposition, which had been taken in the case, or to refuse to do so; and its action in that regard is not revisable, either directly —as by a…
2Cases cited4 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Goodrich v. GoodrichSupreme Court of Alabama · 1870
- Perry v. StateSupreme Court of Alabama · 1884
3Cited by5 opinions
- Alabama City G. & A. Ry. Co. v. AppletonSupreme Court of Alabama · 1911
- City of Birmingham v. GoolsbySupreme Court of Alabama · 1933
- Centennial Ice Co. v. MitchellSupreme Court of Alabama · 1927
- McCleskey v. FinneySupreme Court of Alabama · 1961
- Kirkland v. StateSupreme Court of Alabama · 1904