Legal Opinion

W. B. Davis Hosiery Mill, Inc. v. Wilson

Alabama Court of Appeals

Decided August 31, 1954No. 7 Div. 326Published

1Opinion of the Court

HARWOOD, Judge.

The original complaint contained one count claiming $100' due by account on 1 June 1953, it being alleged that said sum, with interest thereon, was due and unpaid.

The defendant demurred to the complaint on the ground that it was not shown that the amount was due from the defendant.

The court overruled the demurrer and the defendant filed its plea to the effect that it was not so indebted.

Prior to trial the complaint was amended by adding an additional count (Count A) claiming $100 due by defendant to the plaintiff for work and labor performed by *677the plaintiff for the defendant…

2Cases cited8 opinions

  1. Roberts v. . MillsSupreme Court of North Carolina · 1922
  2. Roberts v. MillsSupreme Court of North Carolina · 1922
  3. Catts v. PhillipsSupreme Court of Alabama · 1928
  4. Smythe v. Dothan F. & M. Co.Supreme Court of Alabama · 1910
  5. Trammell v. RobinsonAlabama Court of Appeals · 1948

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