Shriner v. Craft
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by John Craft against William A. Shriner. From a judgment for plaintiff, defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by John Craft against William A. Shriner. From a judgment for plaintiff, defendant appeals. It appears from the record that Mary B. Shriner attached her signature to the contract, and was originally sued; but the complaint was afterwards amended upon her demurrer and motion, so as to strike her as a party defendant, whereupon the other defendant moved for a discontinuance because of the striking out of the party defendant. The other errors complained of are the sustaining of appellee’s demurrer to the second and…
1Opinion of the CourtSimpson, J.
This is an action by the appellee against the, appellant, for damages for the breach of a contract, by which the defendant undertook and agreed to furnish material and build two houses in accordance with the contract set out in the record.
*151The first assignments of error insisted on (numbered 1 and 2) are to the sutaining of the demurrer of Mary It. Shriner, on the ground that the complaint shows on its face that Mary B. Shriner was not a party to the contract sued on, and the third, fourth, and fifth assignments relate to the same subject, to wit, to the refusal of the court to grant the…
2Cases cited25 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. GleasonSupreme Court of the United States · 1900
- Davis & Co. v. MorganSupreme Court of Georgia · 1903
- Bishop v. BusseIllinois Supreme Court · 1873
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
20 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- n.sidney Nyhus v. Travel Management CorporationCourt of Appeals for the D.C. Circuit · 1972
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- McDonough v. SaundersSupreme Court of Alabama · 1917
49 more not listed; retrieve them via the Exa API.