Goolsbee's Administrator v. Fordham
Supreme Court of Alabama
• Appeal from the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. This action was brought by Lazarus Goolsbee (and on his death, pending the suit, was revived in the name of J. A. Corbett, as his administrator) against William Barnett, to recover the possession of a tract of land; and S. M. Fordham was made a party defendant, at his own instance, as the landlord of said Barnett.
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• Appeal from the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. This action was brought by Lazarus Goolsbee (and on his death, pending the suit, was revived in the name of J. A. Corbett, as his administrator) against William Barnett, to recover the possession of a tract of land; and S. M. Fordham was made a party defendant, at his own instance, as the landlord of said Barnett. The material facts of the case, as here presented, will be readily understood from the opinion of the court.
1Opinion of the CourtPeters, J.
— In this court, parties are presumed to waive all errors which are not concisely stated in the assignment. Evans v. St. John, 9 Porter, 186 ; Rule of Practice, Rev. Code, 816. These assignments of error only will be noticed which are insisted on in the argument of counsel at'the bar, or in the brief when the cause is submitted without argument. 38 Ala. 318; 37 Ala. 49; 36 Ala. 721.
2. In this case there are eight errors assigned, which will be noticed in their numerical order. The first is that the court below erred “ in allowing the witness Gamble to be asked the question stated upon the…
2Cases cited6 opinions
- William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
- Waller v. Sultzbacher & PaigeSupreme Court of Alabama · 1862
- Evans v. St. JohnSupreme Court of Alabama · 1839
- McGill v. MonetteSupreme Court of Alabama · 1860
- Bates v. HerronSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910