Legal Opinion

Huntsvile Belt Line & Monte Sano Railway Co. v. Corpening & Co.

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 18 opinions

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.

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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

  1. Dermott v. JonesSupreme Court of the United States · 1865
  2. Burns v. CampbellSupreme Court of Alabama · 1882
  3. Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
  4. Adams v. CosbyIndiana Supreme Court · 1874
  5. 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

  1. Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
  2. Orr v. StateSupreme Court of Alabama · 1932
  3. Oliver v. OliverSupreme Court of Alabama · 1914
  4. Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
  5. Warren v. . SusmanSupreme Court of North Carolina · 1915

13 more not listed; retrieve them via the Exa API.

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