Bell's Adm'r v. Andrews
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by the administrator of John A. Bell, deceased, against'Warren B. Andrews, to recover the sum of ninety-two 23-100 dollars alleged to be due by open account, and also on an'account stated, “for work and labor done by plaintiff for defendant, and for board and lodging furnished by plaintiff to defendant, at defendant’s special instance and request.”
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by the administrator of John A. Bell, deceased, against'Warren B. Andrews, to recover the sum of ninety-two 23-100 dollars alleged to be due by open account, and also on an'account stated, “for work and labor done by plaintiff for defendant, and for board and lodging furnished by plaintiff to defendant, at defendant’s special instance and request.” The defendant pleaded, in short by consent, ne ungues administrator, non assumpsit, payment, and set-off. “ On the trial,” the bill of exceptions…
1Opinion of the CourtStone, J.
It is contended for appellee, that the ju3| ment in this ease must be affirmed, because he had, by his i>lea, put in issue the question whether the plaintiff was the administrator of John A. Bell; and that the bill of exceptions, which sets out all the evidence, does not show that he was such administrator. The argument is, that the court rightly instructed the jury, if they believed the evidence, to find for the defendant, because a link, indispensable to plaintiff's chain of evidence, was wanting. Without mentioning any other, there is one com-*540píete answer to this argument. The bill of…
2Cases cited3 opinions
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Murdock v. Rousseau's AdministratorSupreme Court of Alabama · 1858
- Trowbridge, Dwight & Co. v. Pinckard's AdministratorSupreme Court of Alabama · 1858
3Cited by12 opinions
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- Webb v. WebbSupreme Court of Alabama · 1948
- Patrick v. PettySupreme Court of Alabama · 1887
- Walsh v. WalshSupreme Court of Alabama · 1935
- Van Ness v. . KenyonNew York Court of Appeals · 1913
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