Home Protection v. Caldwell Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before tbe Hon. John B. Tally. • Tbis action was brought by Caldwell Brothers, suing as partners, against the appellant, a private corporation engaged in the business of insurance against fire; was founded on a policy of insurance on a stock of goods, issued by the defendant on the 3d May, 1884, in favor of Snodgrass & Caldwell, and was commenced on the 4th March, 1885. The complaint alleged the issue and terms of the policy;…
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Appeal from the Circuit Court of Jackson. Tried before tbe Hon. John B. Tally. • Tbis action was brought by Caldwell Brothers, suing as partners, against the appellant, a private corporation engaged in the business of insurance against fire; was founded on a policy of insurance on a stock of goods, issued by the defendant on the 3d May, 1884, in favor of Snodgrass & Caldwell, and was commenced on the 4th March, 1885. The complaint alleged the issue and terms of the policy; the sale of the insured goods by Snodgrass & Caldwell “to E. H. Caldwell, for the firm of Caldwell Brothers, by which…
1Opinion of the CourtSomebyille, J.
The action is one on a policy of fire-insurance, brought by the appellees against the appellant corporation, which is a fire-insurance company. Certain pleas were filed, but the defendant failed to appear to sustain them on the trial. The court, without making up a formal issue, proceeded with the trial of the cause, and verdict and judgment were rendered for the plaintiffs.
The statute provides, that “no judgment can be arrested, annulled, or set aside, for any matter not previously objected to, if the complaint contain a substantial cause of action.” Code, 1886, § 2835. The most cursory…
2Cases cited8 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Warren v. Davenport Fire InsuranceSupreme Court of Iowa · 1871
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
- Dougherty v. ColquittSupreme Court of Alabama · 1841
- Manhattan Fire Insurance v. Fowler & Co.Supreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Hutchison & Wilson v. PowellSupreme Court of Alabama · 1890
- McCord v. Harrison StringerSupreme Court of Alabama · 1922
- Lokey v. WardSupreme Court of Alabama · 1934
- Schwarz v. Oppenheimer, Strauss & Co.Supreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.