Trammell v. Hudmon
Supreme Court of Alabama
Appear from the Circuit Court of Lee. Tried before the Hon. Henry D. Clayton. This action was brought by R. J. Trammell, against Gr. N. Hudmon, the owner of a lot in the town of Opelika, and C. M. Worthington, a contractor who had built a house on the lot under a contract with Hudmon. The complaint contained several counts, each claiming a lien on the house and lot for materials furnished for its erection.
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Appear from the Circuit Court of Lee. Tried before the Hon. Henry D. Clayton. This action was brought by R. J. Trammell, against Gr. N. Hudmon, the owner of a lot in the town of Opelika, and C. M. Worthington, a contractor who had built a house on the lot under a contract with Hudmon. The complaint contained several counts, each claiming a lien on the house and lot for materials furnished for its erection. Some of these counts set up a contract directly with Hudmon, and seek to enforce the lien for the whole amount due; and others assert a contract made with Worthington, a delivery of the…
1Opinion of the CourtSomerville, J.
The conversation between the defendants, Worthington and Hudmon, as proved by the witness Hobson, was not, in our opinion, admissible as evidence against the plaintiff, it being as to him res inter alios acta, or mere hearsay. The cpiestion at issue was the indebtedness vel non of Hudmon to Worthington; the effort of the plaintiff, in one aspect of the place, being to subject any balance in the hands of Hudmon due Worthington, at or after the time of giving the notice and filing his claim in the Probate Court, as prescribed by statute. The declaration made by Worthington ■ — that Hudmon had…
2Cases cited5 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Foster v. NapierSupreme Court of Alabama · 1883
- Thornton v. GuiceSupreme Court of Alabama · 1882
- Geiger & Co. v. HusseySupreme Court of Alabama · 1879
- Willingham v. LongSupreme Court of Alabama · 1881
3Cited by12 opinions
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- Gilbert v. Talladega Hardware Co.Supreme Court of Alabama · 1915
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Hart v. KendallSupreme Court of Alabama · 1886
- Roman v. Thorn & GorrieSupreme Court of Alabama · 1887
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