Cotton v. Ward
Supreme Court of Alabama
Appeal from Circuit Court of Chambers. Tried before Hon. Littleberry Strange. The facts are sufficiently stated in the opinion. [No briefs came into hands of Reporter.]
1Opinion of the CourtPeters, J.
This is an action by an executor for the recovery of a physician’s account for medical services, commenced in a justice’s court. The amount claimed is thirty-five dollars. There was an appeal taken from the judgment of the justice to the circuit court. In the circuit court, Cotton, who is the appellant in this coart, pleaded to the plaintiff’s statement of his case in that court, “in short by consent ” : 1st, Ne unques executor ; 2d, Now assumpsit; 3d, The statute of limitation of three years; 4th, Payment. The plaintiff, Ward, who is the appellee in this court, took issue in the circuit…
2Cases cited10 opinions
- Kane v. PaulSupreme Court of the United States · 1840
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Johnson v. WrenSupreme Court of Alabama · 1830
- Jackson's Adm'r v. JacksonSupreme Court of Alabama · 1845
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3Cited by3 opinions
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Logan v. Central Iron & Coal Co.Supreme Court of Alabama · 1903
- Burrow v. LeigeberSupreme Court of Alabama · 1953