Byers v. Baker, Peterson & Co.
Supreme Court of Alabama
Appeals from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The appellants in these two cases brought separate actions of assumpsit against the appellees, Baker, Peterson & Co. Each of said suits was instituted by suing out a writ of attachment against defendants, which was executed by the service of a sheriff’s, garnishment upon A. Gerald, chief of police of the city of Montgomery, who had previously arrested defendants, Frank Baker and James…
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Appeals from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The appellants in these two cases brought separate actions of assumpsit against the appellees, Baker, Peterson & Co. Each of said suits was instituted by suing out a writ of attachment against defendants, which was executed by the service of a sheriff’s, garnishment upon A. Gerald, chief of police of the city of Montgomery, who had previously arrested defendants, Frank Baker and James Peterson, who had been previously engaged -in . business in' the city of New Orleans, under the firm ■name of Baker, Peterson &…
1Opinion of the CourtBrickell, C. J.
These cases were submitted in connection with the case of Cunningham & Son against the appellees. The principal question involved in that case was decided adversely to the appellants. There is in these cases a bill of exceptions, which as we construe it', raises two questions. The first of these questions, is,' whether the court below erred in refusing to refer to a jury the truth of the allegations in the answer of the appellants, a demurrer to the answer having been sus-tained.-- The-demurrer to the answer having-been su-s; tained, there was no issue of-'fact, which cohld- be'raised bn it.-…
2Cited by2 opinions
- Southern Railway Co. v. WardSupreme Court of Alabama · 1898
- Phillips v. First Nat. BankSupreme Court of Alabama · 1922