Darden v. James
Supreme Court of Alabama
Appeal from Circuit Court of Chambers. Tried before Hon. Littleberry Strange. This was an action commenced by E. D. McKinstry and appellant Darden, merchants and co-partners, under the firm name and style of McKinstry & Darden, against the appellee. McKinstry having died before trial, the suit proceeded in the name of Darden as surviving partner. The complaint contained five counts: 1st. Common counts for goods, wares and merchandise sold and delivered, &g. 2d.
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Appeal from Circuit Court of Chambers. Tried before Hon. Littleberry Strange. This was an action commenced by E. D. McKinstry and appellant Darden, merchants and co-partners, under the firm name and style of McKinstry & Darden, against the appellee. McKinstry having died before trial, the suit proceeded in the name of Darden as surviving partner. The complaint contained five counts: 1st. Common counts for goods, wares and merchandise sold and delivered, &g. 2d. A count on an account stated. 3d. A count on a settlement and compromise of all matters between plaintiff and defendant. 4th. A count…
1Opinion of the CourtPeck, C. J.
Can the ruling of the court, sustaining the demurrer to the special count of the complaint, be reviewed on this appeal ? Where a plaintiff takes a non-suit, the right to appeal to this court, to have the same set aside, is given by § 2759 of the Revised Code, which is in the following words, to-wit: “When, from any decision of “the court, on the trial of a cause, it may become necessary for the plaintiff to suffer a non-suit, the facts, point “or decision, may be reserved for the decision of the supreme court, by bill of exceptions, as in other cases.” As this right is given and depends,…
2Cases cited2 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Hunter v. WaldronSupreme Court of Alabama · 1845
3Cited by13 opinions
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Martin v. MassieSupreme Court of Alabama · 1900
- United States Shipping Board Emergency Fleet Corp. v. Sherman & Ellis, Inc.Supreme Court of Alabama · 1922
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