Ex Parte Means
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by Noah Means against Abraham Bros. There was judgment for plaintiff, and defendant appealed to the Court of Appeals (75 South. 1S7), where the cause was reversed and remanded, whereupon plaintiff brings certiorari.
1Opinion of the CourtGardner, J.
Petition for writ of certiorari to review the adtion of the Court of Appeals reversing the cause, styled in that court, Abraham Bros. v. Noah Means. The opinion of the Court of Appeals discloses that the second count of the complaint was for the breach of the warranty in the sale of a mule by defendant to plaintiff, which defendant warranted to be sound, when in fact said mule was not sound, but was at the time sick. The twentieth assignment of error was based upon the refusal of the court to give at the request of the defendant the written charge that the jury could only find for the…
2Cases cited1 opinion
- Tombigbee Valley Railroad v. StillAlabama Court of Appeals · 1912
3Cited by1 opinion
- Lewis v. BreitlingAlabama Court of Appeals · 1935