Davis v. Bedsole
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Tried before Hon. John P. Hubbard. This suit was commenced by an attachment sued out by Frank Bedsole against James M. Davis before a- justice of the peace and made returnable to said court, to recover damages for the alleged breach of a contract, by which Davis promised to deliver to Bedsole five hales of lint cotton for the rent of land.
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Appeal from Crenshaw Circuit Court. Tried before Hon. John P. Hubbard. This suit was commenced by an attachment sued out by Frank Bedsole against James M. Davis before a- justice of the peace and made returnable to said court, to recover damages for the alleged breach of a contract, by which Davis promised to deliver to Bedsole five hales of lint cotton for the rent of land. In a complaint subsequently filed the damages are averred to be §350.00. To the complaint the defendant, on 13th September, 1881, filed a plea, alleging, in substance, -that after the commencement of this suit the…
1Opinion of the CourtSomerville, J.
We think the plea of former recovery in this case was good, and the demurrer to it should have been overruled. The whole matter of controversy was res adyudieata, having been previously determined by the judgment of a justice’s court in the county of Montgomery. The two suits were between the same parties, in the same right or capacity, and the subject-matter of controversy (the rent of certain lands owned by the plaintiff and which were leased' by the defendant), was the same in each suit. The justice court was a tribunal of competent jurisdiction, and the attachment suit instituted before…
2Cases cited2 opinions
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Hamner v. PoundsSupreme Court of Alabama · 1876
3Cited by9 opinions
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Williams v. Southern Pacific Co.California Court of Appeal · 1921
- Lykes v. SchwarzSupreme Court of Alabama · 1890
- Dudley v. WhatleySupreme Court of Alabama · 1943
- H. G. Hill Co. v. TaylorSupreme Court of Alabama · 1937
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