Cowan v. Motley
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This action was brought by the appellee, George D. Motley, against the appellant, Nellie A. Cowan; and sought to recover an attorney’s fee, which it is. alleged the defendant contracted to pay the plaintiff- The only question presented on the present appeal is. the ruling of the court upon the demurrers to the plea®, of the defendant to1 the third -and fourth counts of the amended complaint.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This action was brought by the appellee, George D. Motley, against the appellant, Nellie A. Cowan; and sought to recover an attorney’s fee, which it is. alleged the defendant contracted to pay the plaintiff- The only question presented on the present appeal is. the ruling of the court upon the demurrers to the plea®, of the defendant to1 the third -and fourth counts of the amended complaint. The facts pertaining to these rulings are sufficiently stated in the opinion. The cause was tried by the court without the…
1Opinion of the CourtI-Iaralson, J.
The only question presented in brief of counsel for appellant, defendant below, was the sustaining of the demurrer to the pleas of defendant -to the third-and fourth amended counts in the complaint.
*371The defense attempted ivas that the defendant was a married woman at the time she engaged the plaintiff to •bring the suits, and she did not have the written consent of her husband to make a contract with plaintiff to bring said suits, as required by section 2316 of the Code of 1886, of force then, but not under the Code of 1896.
The plea of defendant went to the third and fourth counts together.…
2Cases cited3 opinions
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Scott v. CottenSupreme Court of Alabama · 1890
- Askew v. RenfroeSupreme Court of Alabama · 1886
3Cited by9 opinions
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- Hartford Fire Insurance v. HollisSupreme Court of Florida · 1909
- Scharnagel v. FurstSupreme Court of Alabama · 1927
- East Pratt Coal Co. v. JonesAlabama Court of Appeals · 1917
- Blackburn v. TompkinsCourt of Civil Appeals of Alabama · 1971
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