Legal Opinion

Kennebrew v. Southern Automatic Electric Shock Machine Co.

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 17 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. Tames J. Banks. This was an action of assumpsit brought by the appellee, the Southern Automatic Electric Shock Machine Company, against the appellant, D. U. Kennebrew. The facts of the case are sufficiently stated in the opinion. There was judgment for plaintiff.

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Tames J. Banks. This was an action of assumpsit brought by the appellee, the Southern Automatic Electric Shock Machine Company, against the appellant, D. U. Kennebrew. The facts of the case are sufficiently stated in the opinion. There was judgment for plaintiff. The defendant appeals and assigns as error the giving of the general affirmative charge in favor of the plaintiff. — When there is neither pleading nor proof of a foreign law, the presumption is there is no law on the subject, and the law of the forum governs. — 3 Amer…

1Opinion of the CourtMcOLELLAN, J.

— There is a dictum in the case of Castleman v. Jeffries, 60 Ala. 380, 388, to the effect that there is no presumption as to what the law is in a State which is not of common law origin, the court saying: “No proof has been made of the laws of Texas bearing on this question. If Texas had had a common origin with this and other older States, we would presume the common law prevails there. But Texas did not have a common origin with these older States, as to which this presumption is indulged. Hence, we are left without proof, and without presumption as to what are the laws of Texas which…

2Cases cited5 opinions

  1. James v. JamesTexas Supreme Court · 1891
  2. Castleman v. JeffriesSupreme Court of Alabama · 1877
  3. Snow v. Schomacker Manufacturing Co.Supreme Court of Alabama · 1881
  4. Garner v. WrightSupreme Court of Arkansas · 1889
  5. Bradley v. Mutual Benefit Life InsuranceNew York Supreme Court · 1870

3Cited by17 opinions

  1. Tiner v. StateSupreme Court of Alabama · 1966
  2. Peet & Co. v. HatcherSupreme Court of Alabama · 1895
  3. Daniels v. StateCourt of Criminal Appeals of Alabama · 1985
  4. Barrington Corp. v. Patrick Lumber Co., Inc.Court of Civil Appeals of Alabama · 1984
  5. New Hampshire Fire Insurance Co. v. CurtisSupreme Court of Alabama · 1955

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