Corn Products Refining Co. v. Dreyfus Bros.
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by tbe Corn Products Defining Company against Dreyfus Bros. Plaintiff took a. nonsuit with bill of exceptions and appealed. Counsel set out and discuss the pleadings and the action of the court thereon with citation of authority, but in view of the opinion it is not deemed necessary to here set them out.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by tbe Corn Products Defining Company against Dreyfus Bros. Plaintiff took a. nonsuit with bill of exceptions and appealed. Counsel set out and discuss the pleadings and the action of the court thereon with citation of authority, but in view of the opinion it is not deemed necessary to here set them out. The plaintiff was entitled to a non suit will bill of exceptions under section 3017, Code 1907, as the ruling of the court was on the evidence in the case. — Scheideggeru. Terrill, 39 South. 172. It seems conclusive…
1Opinion of the Court
de GRAFFENRIED, J.
The appellee, under the provisions of section 4049 of the Code, filed interrogatories to the appellant. The appellant filed in the cause what it claimed was a proper answer to the interrogatories; but it did not answer all of the questions contained in the interrogatories. It gave as its reasons for failing to answer all of the questions that some of the questions it ivas unable to answer, and that the other questions *531not answered called for matters not pertinent to the issues in the cause.
Section 4055 of the Code provides that if the answers to such interrogatories are not…
2Cases cited2 opinions
- Engle v. PattersonSupreme Court of Alabama · 1910
- Long v. HolleySupreme Court of Alabama · 1908
3Cited by8 opinions
- Ex Parte EmersonSupreme Court of Alabama · 1960
- Smith v. FlynnSupreme Court of Alabama · 1963
- Ex parte SimpsonAlabama Court of Appeals · 1912
- Gladden v. Columbiana Sav. BankSupreme Court of Alabama · 1938
- Davis v. Louisville & Nashville R. R.Alabama Court of Appeals · 1915
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