Sullivan Timber Co. v. Brushagel
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. The appellant, the Sullivan Timber Company, brought the present action againt Henry Brushagel, to recover an amount alleged to be due the plaintiff for lumber and timber sold to the defendant, apd used by him in the erection of certain buildings ■ and improvements upon real estate; and sought to establish a material-man’s lien upon the buildings and property.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. The appellant, the Sullivan Timber Company, brought the present action againt Henry Brushagel, to recover an amount alleged to be due the plaintiff for lumber and timber sold to the defendant, apd used by him in the erection of certain buildings ■ and improvements upon real estate; and sought to establish a material-man’s lien upon the buildings and property. The complaint averred that the amount sued for was due from the defendant “by account verified by affidavit.” There was attached, as exhibit A. to the…
1Opinion of the CourtMcCLELLAN, J.
Section 2773 of the Code is as follows : ‘‘ When sivorn account admissible in evidence. In all suits upon accounts, an itemized statement of the account, verified by the affidavit of a competent witness, taken before and certified by an officer having authority under the laws of this State to take and certify affidavits, is competent evidence of the correctness of the account, if the plaintiff, at the time of bringing his suit, indorses on the summons and complaint, or other original process, the fact that the account is verified by affidavit, unless the defendant, within the time allowed him…
2Cases cited5 opinions
- Bedsole v. PetersSupreme Court of Alabama · 1885
- Holmes v. GayleSupreme Court of Alabama · 1840
- Pryor v. JohnsonSupreme Court of Alabama · 1858
- Lunsford v. ButlerSupreme Court of Alabama · 1893
- Johnson v. KellySupreme Court of Alabama · 1830
3Cited by8 opinions
- Walker County v. DavisSupreme Court of Alabama · 1930
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
- Lavergne v. Evans Bros., Construction Co.Supreme Court of Alabama · 1910
- Wood Lumber Co. v. GreathouseSupreme Court of Alabama · 1933
- Farrell v. Anderson-Dulin-Varnell Co.Supreme Court of Alabama · 1924
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