North Birmingham Lumber Co. v. Sims & White
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. Action by Sims & White against the North Birmingham Lumber Company. Judgment for plaintiff, and defendant appeals. The bill of exceptions shows that defendant offered a small book called the “check book,” which was used by a colored man named Jack, who superintended the unloading of lumber, but who was not shown to have known where the lumber came from, and who had the lumber piled up in defendant’s yard.
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Appeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. Action by Sims & White against the North Birmingham Lumber Company. Judgment for plaintiff, and defendant appeals. The bill of exceptions shows that defendant offered a small book called the “check book,” which was used by a colored man named Jack, who superintended the unloading of lumber, but who was not shown to have known where the lumber came from, and who had the lumber piled up in defendant’s yard. It was further shown that the book was of original entry by said Jack, made in the usual course of business, in checking…
1Opinion of the CourtDenson, J.
— This is an action of assumpsit, commenced on the 28th day of November, 1906, against the Mitchell Lumber Company, a corporation. On the call of the case for trial on the 7th day of November, 1907, the plaintiffs moved the court that the cause should proceed against the North Birmingham Lumber Company, a corporation, instead of the Mitchell Lumber Company. This motion was based upon the ground that the Mitchell Lumber Company had changed its name to the North Birmingham Lumber Company. In support of the motion it was shown that, in accordance with the statute in such cases made and provided,…
2Cases cited10 opinions
- Southern Railway Co. v. JonesSupreme Court of Alabama · 1902
- Ex parte NicrosiSupreme Court of Alabama · 1893
- Bolling v. FanninSupreme Court of Alabama · 1892
- Williams v. Coosa Manufacturing Co.Supreme Court of Alabama · 1903
- Nuckols v. StateSupreme Court of Alabama · 1895
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3Cited by3 opinions
- Ex Parte Mobile Light R. Co.Supreme Court of Alabama · 1918
- Sharp v. BlantonSupreme Court of Alabama · 1915
- Young v. StateAlabama Court of Appeals · 1913