Harris v. Basden
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. O. P. Almon. . Action by John L. Basden against W. W. Harris. Judgment for plaintiff, and defendant appeals.
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Appeal from Colbert Circuit Court. Heard before Hon. O. P. Almon. . Action by John L. Basden against W. W. Harris. Judgment for plaintiff, and defendant appeals. The following charge was refused to the defendant: “The burden of proof is on the defendant to make good his case, and I charge you that, if you believe from the evidence that the timber and cross-ties enumerated on the book offered in evidence were cut on the entire 640 acres described in the complaint, then your verdict should be for the defendant.” Where one suing on the contract embodies in his complaint the several common…
1Opinion of the CourtMayfield, J.
This complaint contained four counts. The first declared on a written contract for the price of certain timber of plaintiff, alleged to have been cut by defendant or his agents under said contract. The others were the common counts. To the complaint the defendant filed several pleas: First, the general issue; second, non est factum; third, payment. The trial resulted in a verdict and judgment for plaintiff, from which the defendant appeals, assigning numerous errors.
*369The trial appears to have been had exclusively as to the first count of the complaint.
Recovery seems to have been sought and had…
2Cases cited3 opinions
- Jackson v. CloptonSupreme Court of Alabama · 1880
- Snodgrass v. CaldwellSupreme Court of Alabama · 1890
- Hughes v. StateSupreme Court of Alabama · 1883
3Cited by10 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- White v. StateCourt of Criminal Appeals of Alabama · 1972
- Sellers v. StateAlabama Court of Appeals · 1913
- Gilmer v. SalterSupreme Court of Alabama · 1970
- City of Ozark v. ByrdSupreme Court of Alabama · 1932
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