Reid v. McElderry
Alabama Court of Appeals
Appeal from Talladega City Court. Heard before Hon. Cecil Browne. Action by G. T. MeElderry against T. W. Reid' in assumpsit, which was tried with an assumpsit action by Reid against MeElderry by' agreement and so submitted here. From a judgment for MeElderry Reid appeals.
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Appeal from Talladega City Court. Heard before Hon. Cecil Browne. Action by G. T. MeElderry against T. W. Reid' in assumpsit, which was tried with an assumpsit action by Reid against MeElderry by' agreement and so submitted here. From a judgment for MeElderry Reid appeals. Plea No. 3, upon which issue was joined is in the nature of a plea of set-off, and was proper in this action, as there was mutuality of debts or demands. — Drennen v. Gilmore, 132 Ala. 248. A plea of set-off ,is a counter demand of a defendant against a plaintiff, tbe object of which is to liquidate the whole' or a part of…
1Opinion of the CourtWalker, P. J.
This is an appeal from a judgment rendered by the court sitting Avithout a jury. This suit and a suit brought by the defendant against the plaintiff were heard together; the same evidence being submitted in each of the cases. The evidence without conflict showed that the defendant owed the plaintiff for *474the rent of land the amount for 'which the judgment appealed from was rendered; the defendant’s reliance being upon the demand asserted in the suit brought by him, which was sought to be set off against the demand of the plaintiff. The counterclaim of the defendant was that the plaintiff was…
2Cases cited6 opinions
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Montgomery Lodge No. 596, B. P. O. E. v. MassieSupreme Court of Alabama · 1909
- Shafer & Co. v. HausmanSupreme Court of Alabama · 1903
- Sloss-Sheffield Steel & Iron Co. v. ReddAlabama Court of Appeals · 1912
- Hunnicutt Lumber Co. v. Mobile & Ohio R. R.Alabama Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Alabama Dry Dock & Shipbuilding Co. v. WardAlabama Court of Appeals · 1946
- East Pratt Coal Co. v. JonesAlabama Court of Appeals · 1917
- Hinton v. BartonAlabama Court of Appeals · 1946