Legal Opinion

Street v. Browning

Alabama Court of Appeals

Decided November 19, 1918No. 7 Div. 495PublishedCited by 1 opinion

Appeal from Circuit Court, Clay County; A. H. Alston, Judge. Suit by J. C. Street against J. W. Browning. From judgment for defendant, plaintiff appeals.

1Opinion of the CourtBrown, P. J.

[I] Appellant concedes that the evidence as to the issues presented by the first count of the complaint was in conflict, and that the evidence offered by the defendant was sufficient to support the finding that the alleged contract upon which that count is predicated ivas executed on Sunday and was therefore void. Code 1907, § 3346; Williams v. Armstrong, 130 Ala. 389, 30 South. 553; Wadsworth v. Dunnam, 117 Ala. 661, 23 South. 699.

The serious contentions made are: (1) That the defendant’s plea 4 is not sufficient as a plea of set-off because it does not in terms offer to set off the demand…

2Cases cited3 opinions

  1. Wadsworth v. DunnamSupreme Court of Alabama · 1897
  2. Williams v. ArmstrongSupreme Court of Alabama · 1900
  3. Ragsdale v. KinneySupreme Court of Alabama · 1898

3Cited by1 opinion

  1. Sauls v. StoneSupreme Court of Alabama · 1970

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