Cunningham v. Carpenter
Supreme Court of Alabama
Error to the County Court of Talladega. Assumpsit by Carpenter & Watson, as partners, against Cunningham for work and labor. The defendant pleaded — 1. Non-assumpsit. 2. Payment, 3. Set off. 4. That the several promises, if made at all, were made to and with Watson, and none other. The plaintiff replied to the three first pleas, and demurred to the fourth.
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Error to the County Court of Talladega. Assumpsit by Carpenter & Watson, as partners, against Cunningham for work and labor. The defendant pleaded — 1. Non-assumpsit. 2. Payment, 3. Set off. 4. That the several promises, if made at all, were made to and with Watson, and none other. The plaintiff replied to the three first pleas, and demurred to the fourth. When the cause was called for trial, Watson disclaimed any interest in the action, and moved the court to reqiure Car-* penter to give him security for, or indemnity against the costs. This was refused, and thereupon Watson excepted. Watson…
1Opinion of the CourtGoldthwaite, J.
1. It will be seen the assignment *112of errors covers more ground than the party has thought proper to occupy in his argument. We notice this, not because we suppose there is any merit in what is passed over, but merely to state, the practice of the court is, to examine such errors only as are insisted on by counsel.
2. We think the permission allowed by the court to Watson, to dismiss the suit so far as he was concerned in interest, amounts to nothing Avithout ascertaining what that interest was. Courts of law are every day in the practice of giving effect to the assignment of choses in action,…
2Cases cited3 opinions
- Welch v. MandevilleSupreme Court of the United States · 1816
- McKenzie v. JacksonSupreme Court of Alabama · 1842
- Pierce & Baldwin v. Pass & Co.Supreme Court of Alabama · 1834
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- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
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