Huntsvile Belt Line & Monte Sano Railway Co. v. Corpening & Co.
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. Corpening & Company brought suit against the Huntsville Belt Line & Monte Sano Eailway Co., Danfortli & Armstrong and Arthur Owen Wilson & Co., to recover for work and labor done in the construction of a railroad.
Read the full summary
Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. Corpening & Company brought suit against the Huntsville Belt Line & Monte Sano Eailway Co., Danfortli & Armstrong and Arthur Owen Wilson & Co., to recover for work and labor done in the construction of a railroad. Before the jury retired, the plaintiffs amended their complaint by striking-out the names of all the defendants except the railway company. cited as to estoppel, 8 Brick. 446; Bigelow, 689; JR. It v. McCarthy, 96 U. S. 258 ; that admissions by agents do not bind the principal, Henry v. Bank, 63 Ala. 527; that proof…
1Opinion of the CourtStone, C. J.
— Plaintiffs in the court below, Corpening & Co., brought suit against Danfortli & Armstrong and Arthur Owen Wilso'n & Co., two copartnerships, for the recovery of compensation for the identical services sued for in this action. As collateral to their suit, they sued out garnishment pro*683cess against the appellant corporation, as the supposed debtor of the defendants, Danfortli & Armstrong and Arthur Owen Wilson & Oo. To obtain this garnishment process it was necessary that affidavit be made, setting forth the amount due from defendants to plaintiffs, that affiant believes that process of…
2Cases cited13 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Burns v. CampbellSupreme Court of Alabama · 1882
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Adams v. CosbyIndiana Supreme Court · 1874
- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Orr v. StateSupreme Court of Alabama · 1932
- Oliver v. OliverSupreme Court of Alabama · 1914
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Warren v. . SusmanSupreme Court of North Carolina · 1915
13 more not listed; retrieve them via the Exa API.