Baker v. Cotney
Supreme Court of Alabama
Appeal from Clay Circuit Court. Heard before Hon. Hugi-x D. Merrill. Action by D. W. Baker against S. M. Cotney to recover damages equivalent to a judgment paid by plaintiff. Judgment for defendant and plaintiff appeals.
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Appeal from Clay Circuit Court. Heard before Hon. Hugi-x D. Merrill. Action by D. W. Baker against S. M. Cotney to recover damages equivalent to a judgment paid by plaintiff. Judgment for defendant and plaintiff appeals. Plaintiff was entitled to recover, and tbe court erred in tbe judgment rendered.—2 Words & Phrases 1015; 3 N. W. 272; Stark v. Bernheim, 102 Ala. 464. The statute of limitations was without application.—Washington v. Norwood, 128 Ala. 383. Privity existed.—Sherm v. Brackett, 36 Minn. 152. The action was barred by the statute of limitations.—§ 4840, subd. 5’, Code 1907; Foster…
1Opinion of the Court
McCLELLAN, j.
This action is by Baker (appellant) against S. M. Cotney; and its object is to recover from S. M. Cotney damages equivalent in amount to the sum of a judgment rendered against and satisfied by Baker at the suit of H. E. Allen. This case was brought to this court, and may be found reported in 161 Ala. 288, 49 South. 847. The circumstances from which Baker would deduce his right to a recovery will be stated. There was claim of court costs and attorneys’ fees paid by Baker in or about the suit of Allen against Baker; but these two asserted elements of damages were stricken on…
2Cases cited1 opinion
- Baker v. AllenSupreme Court of Alabama · 1909