Tisdale v. Troy
Supreme Court of Alabama
Assumpsit. Appeal from Montgomery City Court. Heard before Hon. A. D, Sayre. Assumpsit by Alexander Troy, as surviving partner, and others, against Mary W. Tisdale as administratrix of tbe estate of W. H. Tisdale, deceased, to recover for services alleged to bave been rendered to tbe intestate. From a judgment for plaintiff defendant appeals.
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Assumpsit. Appeal from Montgomery City Court. Heard before Hon. A. D, Sayre. Assumpsit by Alexander Troy, as surviving partner, and others, against Mary W. Tisdale as administratrix of tbe estate of W. H. Tisdale, deceased, to recover for services alleged to bave been rendered to tbe intestate. From a judgment for plaintiff defendant appeals. Tbe evidence shows that tbe attorneys were' employed by one Hayden and that tbe suit was brought in tbe name of tbe marshall for the use of his deputy. The stipulation was that (he attorney should'receive 25 per cent of the amount recovered. This…
1Opinion of the CourtDenson, J.
The complaint is in common form, and "the only count in it to which the evidence can be referred is upon a quantum meruit demand for work and labor done. The case was tried on the general issue and the plea of payment. There was no evidence of payment; but the real contest seems to have been whether there was any employment of either of the firms of which plaintiffs are survivors by defendant’s estate. The cause was tried by the court without the intervention of a jury, and from a judgment rendered by the court in favor of the plaintiffs for $300 defendant has appealed.
*568Under the practice act…
2Cases cited6 opinions
- Grimball v. CruseSupreme Court of Alabama · 1881
- Baldridge v. EasonSupreme Court of Alabama · 1892
- Compton v. SmithSupreme Court of Alabama · 1897
- Freeman v. PullenSupreme Court of Alabama · 1898
- McKissack v. Witz, Biedler Co.Supreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Irvin v. StrotherSupreme Court of Alabama · 1909