Davis v. Douglass
Alabama Court of Appeals
Assumpsit. Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Action by A. S. Douglass against J. M. Davis to recover the value of cotton alleged to be due as rent. Judgment for plaintiff and defendant appeals.
Read the full summary
Assumpsit. Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Action by A. S. Douglass against J. M. Davis to recover the value of cotton alleged to be due as rent. Judgment for plaintiff and defendant appeals. Under the facts in this case, the debt was payable in cash. — Ramil v. Flowers, 63 South. 994. The court erred in sustaining demurrers to the special defense of interpleader. — § 6050, Code 1907; Stewart v. Sample, 168 Ala. 274; Nelson v. G-oree, 34 Ala. 555; Jackson v. Jackson, 91 Ala. 292; Grass v. M. & O. R. R. Go., 96 Ala. 447. Whenever an agent malees a contract in…
1Opinion of the CourtThomas, J.
Section 6050 of the Code provides that-: “A defendant against whom an action is pending upon any contract for the payment of money may at any time before issue joined, make affidavit that a person not a party to the suit, without collusion with him; claims the money in controversy, and deposit the money in court, praying an order that such person be required, * * * to come in and defend.”
Then follow provisions for making such person a party to the suit, and for substituting him for the defendant, and for discharging defendant and relieving him— he having paid the money due on the contract…
2Cases cited16 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Gibson v. GoldthwaiteSupreme Court of Alabama · 1845
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Stewart v. SampleSupreme Court of Alabama · 1910
- Crim v. NelmsSupreme Court of Alabama · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
- Steele v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
- Gravely v. PhillipsAlabama Court of Appeals · 1930
- Womack v. First National BankSupreme Court of Alabama · 1959
- Foshee v. Board of Education of Houston CountySupreme Court of Alabama · 1938
2 more not listed; retrieve them via the Exa API.