Mitchell v. Shelby
Alabama Court of Appeals
Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Action by Mrs. Lizzfle Shelby against W. M. Mitchell as administrator. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Action by Mrs. Lizzfle Shelby against W. M. Mitchell as administrator. Judgment for plaintiff, and defendant appeals. The following charges were given for the plaintiff: (4) Mrs. Lizzie Shelby was' under no legal duty to furnish J. R. Mitchell, Sr., with board, and, if you believe from the evidence in this case that she did furnish him with board, then she is entitled-to a reasonable compensation to be recovered of the defendant as the administrator of said J. R. Mitchell, Sr. (5) Same as 4, with this addition: “Although there may…
1DissentBricken, J.
I cannot concur with the majority of this court in granting the application for rehearing, and in setting aside the judgment of affirmance, and in reversing and remanding this cause. As stated in the original opinion, I am convinced that issues involved were fairly, properly, and ably submitted to the jury and that the judgment in the court below should not be disturbed.
I cannot agree with my Brothers that charges 4, 5, and 7 given at the instance of plaintiff withdrew from the consideration of the jury other defenses relied upon in this case. These charges purported to deal only with the…
2Cases cited6 opinions
- Henderson v. Tennessee Coal, Iron & Ry. Co.Supreme Court of Alabama · 1914
- Twitty v. StateSupreme Court of Alabama · 1910
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Forbes v. PlummerSupreme Court of Alabama · 1916
- Wilson v. Owens Horse & Mule Co.Alabama Court of Appeals · 1915
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