Legal Opinion
Benson & Co. v. Foreman
Supreme Court of Alabama
Decided April 10, 1941No. 4 Div. 186PublishedCited by 8 opinions
1Opinion of the Court
FOSTER, Justice.
The chief controversy on the trial of this suit and on this appeal is whether section 7721, Code, serves to prohibit the defendant from giving certain testimony.
The action was on an account extending over a long period by the employer against his employee. Plaintiff at the time of bringing its action, which was on an open account and also a stated account, filed with the complaint a verified itemized statement of the account, and endorsed on the summons and complaint that fact. Defendant did not file an affidavit in manner and form required by section 7666, Code, denying the…
2Cases cited8 opinions
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Milton Realty Co. v. WilsonSupreme Court of Alabama · 1926
- Manchester Sawmills Co. v. A. L. Arundel Co.Supreme Court of Alabama · 1916
- Richards v. MontgomerySupreme Court of Alabama · 1935
- Baker v. Haynes, Henson & Co.Supreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- POWER EQUIPMENT v. First Alabama BankSupreme Court of Alabama · 1991
- Schoenvogel v. Venator Group Retail, Inc.Supreme Court of Alabama · 2004
- Homewood Dairy Products Co. v. RobinsonSupreme Court of Alabama · 1950
- Doman v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1942
- Moseley v. Lewis & BrackinSupreme Court of Alabama · 1991
3 more not listed; retrieve them via the Exa API.