Strauss v. Meertief
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. These two cases were argued and submitted together. In each case, the action was brought by Jacob Strauss, against S. A. Meertief; was founded on a breach of the same contract; was commenced before a justice of the peace, and was removed into the Circuit Court, by appeal, at the instance of the defendant.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. These two cases were argued and submitted together. In each case, the action was brought by Jacob Strauss, against S. A. Meertief; was founded on a breach of the same contract; was commenced before a justice of the peace, and was removed into the Circuit Court, by appeal, at the instance of the defendant. The first action was commenced on the 5th July, 1878. The complaint, or statement of the cause of action, filed in the justice’s court, alleged that, on the 2d November, 1877, plaintiff entered into a contract…
1Opinion of the CourtBrickell, C. J.
These causes between the same parties, founded on an averment of separate breaches of the same contract, were argued and submitted together. The case of the plaintiff, as he gave evidence tending to support, and as is alleged in his complaints, is, that on 2d day of November, 1877, the defendant, Meertief, contracted with him for the services as a clerk of his minor son, Isaac Strauss, for a term of twelve months, then commencing, at and for the sum of three hundred dollars, payable in monthly installments of twenty-five dollars. The first case was an action for the recovery of the wages…
2Cases cited17 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Shannon v. ComstockNew York Supreme Court · 1839
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
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3Cited by57 opinions
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Culver v. HillSupreme Court of Alabama · 1880
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- Liddell v. ChidesterSupreme Court of Alabama · 1887
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