Pollack v. Gunter & Gunter
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaice. Action by Gunter & Gunter against Ignatius Pollack, for legal services rendered. Judgment for plaintiff and defendant appeals. The assignments of error as well as certain charges given render the bill of exceptions in this case clearly within subdivision 1 rule 33, Supreme Court- Practice, as well as subdivision 2 thereof, and hence the motion to strike the bill of exceptions should not be entertained.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaice. Action by Gunter & Gunter against Ignatius Pollack, for legal services rendered. Judgment for plaintiff and defendant appeals. The assignments of error as well as certain charges given render the bill of exceptions in this case clearly within subdivision 1 rule 33, Supreme Court- Practice, as well as subdivision 2 thereof, and hence the motion to strike the bill of exceptions should not be entertained. The plaintiff was not entitled to recover on the count declaring on the accounts stated since the allegations were that the…
1Opinion of the CourtMoCLELAN, J.
Action on the common counts by appellees against appellant. The basis for the recovery sought was services rendered by appellees as .attorneys for appellant.
The motion to strike the bill must be overruled. While the bill appears to be unreasonably particular and also extended, there is an assignment of error noting practically every page of the bill as transcribed here, and, besides, the affirmative charge involved affords sufficient justification for the extended character of the bill, to save it from being stricken.
In treating the appeal we will undertake to consider only a few of the…
2Cases cited5 opinions
- Wefel v. StillmanSupreme Court of Alabama · 1907
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Bulger v. RossSupreme Court of Alabama · 1893
- Carlisle v. DavisSupreme Court of Alabama · 1846
- Rodgers v. CrookSupreme Court of Alabama · 1892
3Cited by25 opinions
- Blakeney v. StateSupreme Court of Alabama · 1943
- Massachusetts Mut. L. I. Co. v. CrenshawSupreme Court of Alabama · 1915
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
- Winslett v. RiceSupreme Court of Alabama · 1960
- Southern Railway Co. v. RoweSupreme Court of Alabama · 1915
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