Wood Dickerson Supply Co. v. Cocciola
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Bill by the Wood-Dickerson Supply Company against Lois Cocciola and others. From a judgment sustaining demurrers to the bill, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Bill by the Wood-Dickerson Supply Company against Lois Cocciola and others. From a judgment sustaining demurrers to the bill, plaintiff appeals. The case made by the bill is: That at various times between the 9th of August, 1901, and the 26th of November 1901, complainants furnished Bast with material for building to the value of fl,985.57, which was used in erecting buildings for Lois and Jennie Cocciola, bills for which were sent to Bast and copies thereof to the other respondents; that Bast failed and did not complete…
1Opinion of the CourtAnderson, J.
— Section 2806 of the Code of 1896, providing for additional time to bring a second action after the arrest or reversal of a judgment upon an appeal, has been heretofore construed by this court as applying only to actions at law, and not suits in chancery. —Morrison v. Stevenson, 69 Ala. 448; Roland v. Logan, 18 Ala. 307. This statute has been repeatedly adopted by the Legislatures without the slightest change. “It is a settled rule that in the adoption of the Code the Legislature is presumed to have known the fixed judicial construction pre-existing statutes had received, and the substantial…
2Cases cited8 opinions
- Ex parte BanksSupreme Court of Alabama · 1856
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Morrison v. StevensonSupreme Court of Alabama · 1881
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Roland v. LoganSupreme Court of Alabama · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Banks v. StateSupreme Court of Alabama · 1921
- Galloway Coal Co. v. StanfordSupreme Court of Alabama · 1926
- Ex Parte Fontaine Trailer Co.Supreme Court of Alabama · 2003
- Ex Parte Haynes Downard Andra & Jones, LLPSupreme Court of Alabama · 2005
- Holcomb v. CarrawaySupreme Court of Alabama · 2006
17 more not listed; retrieve them via the Exa API.