L. & E. Lamar v. Smith
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. John W. Mabry. This was an action brought by the appellee against the - appellants. The purpose of the suit and the facts of the case are sufficiently stated in the opinion. On the trial of the case, the defendants introduced no evidence, but requested the court to give the general affirmative charge in their behalf. The court refused to give this charge, and the defendants duly excepted.
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Appeal from the City Court of Selma. Tried before the Hon. John W. Mabry. This was an action brought by the appellee against the - appellants. The purpose of the suit and the facts of the case are sufficiently stated in the opinion. On the trial of the case, the defendants introduced no evidence, but requested the court to give the general affirmative charge in their behalf. The court refused to give this charge, and the defendants duly excepted. There were verdict and judgment for the plaintiff, fixing his recovery at $200. The defendants appeal, and assign as error the several rulings of…
1Opinion of the Court
MoOLELLAN, O. J.
This is an action of debt prosecuted by Smith against L. '& E. Lamar to recover the penalty prescribed by section 1066 of the Code for failing for two months after written request so to do to enter satisfaction of a mortgage, executed by the plaintiff to the defendants, on the margin of its record in the office of the judge of probate. The complaint-contains three count®. There were demurrers to some of the counts and a motion to strike a part of one of them. Nine pleas were interposed by defendants. There were motions to strike many of the plea®, and there were demurrers to…
2Cases cited1 opinion
- Bell v. WilkinsonSupreme Court of Alabama · 1880
3Cited by2 opinions
- Henderson v. WilsonSupreme Court of Alabama · 1903
- Burton v. PhillipsSupreme Court of Alabama · 1909