Pollak v. Winter
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by Sallie Winter as administratrix against Ignatius Poliak. Judgment for plaintiff and defendant appeals. The general issue is an averment that the allegations of the complaint are untrue and puts in issue all the allegations made in the complaint.- — -Sec 5331, Code 1907; L. & N. v. Trammel, 93 Ala. 352; K. C. M. & B. v. Crocker, 95 Ala, 427; Fields v. Brice, 108 Ala. 642; Amer.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by Sallie Winter as administratrix against Ignatius Poliak. Judgment for plaintiff and defendant appeals. The general issue is an averment that the allegations of the complaint are untrue and puts in issue all the allegations made in the complaint.- — -Sec 5331, Code 1907; L. & N. v. Trammel, 93 Ala. 352; K. C. M. & B. v. Crocker, 95 Ala, 427; Fields v. Brice, 108 Ala. 642; Amer. O. E. Co. v. By an, 112 Ala. 346; Alexander r. Woodmen of the World, 49 South. S83. The fact that payment was pleaded along with the…
1DissentEvans, J.
(dissenting). — This case Avas assigned to, and the opinion prepared by, Justice Anderson. The “note by Anderson, J.,” appended thereto, states that one of the judges, after having concurred on the original consultation and on the application for a rehearing, “put it back on the rehearing docket and the question Avas considered en banc.” The note fails to state the name of the judge Avho did this; so, in order that there may never be any doubt as to Avho this unnamed judge is, I Avill now and here state that I am the man. I did this for the reason that I believed the opinion Avas correct*…
2Cases cited10 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Great Western Railroad v. BaconIllinois Supreme Court · 1863
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
- Van Giesen v. . Van GiesenNew York Court of Appeals · 1852
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