Snodgrass v. Coulson
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Henry H. Coulson against "Win.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Henry H. Coulson against "Win. E. Snodgrass, and was commenced on the 2d July, 1887. The complaint contained only common counts, each claiming $247.60; the first, as “ due by account for the years 1885 and 1886;” the second, for goods and chattels sold during those years; the third, “ for the following chatttels sold by plaintiff to defendant during the years 1885 and 1886,” specifying 15,000 feet of lumber at $10 per thousand, 476 cross-ties at ten cents each, and' one bale of cotton, of…
1Opinion of the CourtStone, C. J.
In Acklen v. Hickman, 63 Ala. 494, we laid down the-rule as to when a memorandum, used in connection with a witness’ testimony, may itself be put in evidence. The memorandum in this case was scarcely brought within the rule. Possibly, as .furnishing the detailed items and numbers to which the witness had testified, it was brought within the influence of another rule.—Hirshfelder v. Levy, 69 Ala. 351.
The complaint in this case contains only common counts. The count upon which the plaintiff must have recovered, is the one for money had and received. That count comes nearest to the case made by…
2Cases cited4 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Hirschfelder v. Levy & Co.Supreme Court of Alabama · 1881
- Moody v. WalkerSupreme Court of Alabama · 1889
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
3Cited by4 opinions
- Foster v. SmithSupreme Court of Alabama · 1893
- Baird Lumber Co. v. DevlinSupreme Court of Alabama · 1899
- Brumlow v. BrumlowSupreme Court of Alabama · 1968
- Ruegamer v. Rocky Mountain Cementers, Inc.Wyoming Supreme Court · 1953