Quarles v. Waldron
Supreme Court of Alabama
Ereor to tbe Circuit Court of Wilcox. Tried before tbe Hon. E. Pickens. This was an action of assumpsit brought by Waldron and wife (for tbe use of tbe wife) against tbe plaintiff in error, for board, &e., furnished to bim and bis family. Tbe declarations contains only tbe common counts of indebitatus assumpsit and quantum meruit for board, &c., furnished plaintiff in error. At tbe March Term, 1851, there was a judgment by default rendered against tbe defendant below.
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Ereor to tbe Circuit Court of Wilcox. Tried before tbe Hon. E. Pickens. This was an action of assumpsit brought by Waldron and wife (for tbe use of tbe wife) against tbe plaintiff in error, for board, &e., furnished to bim and bis family. Tbe declarations contains only tbe common counts of indebitatus assumpsit and quantum meruit for board, &c., furnished plaintiff in error. At tbe March Term, 1851, there was a judgment by default rendered against tbe defendant below. This was set aside on his motion, the court annexing the condition that he should plead to tbe merits. After tbis, tbe…
1Opinion of the CourtPhelan, J.
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On the question of the competency of Mr. Sellers as a witness for plaintiffs below, tbe cases of McGehee v. Hansell, 13 Ala. 17, and Morrow et al. v. Parkman et al., 14 Ala. 769, are conclusive. On grounds of public policy, an attorney may be examined as a witness for his client in a cause in which ho is employed, if he has no other interest in the event of the suit than such as concerns his fees, when these are not contingent.
Was the demurrer of the defendant below a plea to the merits, within the terms of the condition imposed by the court on setting aside the judgment by default?
A plea to…
2Cases cited3 opinions
- Perkins v. MooreSupreme Court of Alabama · 1849
- Morrow v. ParkmanSupreme Court of Alabama · 1848
- McGehee v. HansellSupreme Court of Alabama · 1848