Dickson v. Alabama MacHinery & Supply Co.
Alabama Court of Appeals
Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. The Alabama Machinery & Supply Company brought its action against R. S. Dickson to recover for material furnished and work done in covering a bam belonging to defendant. Defendant interposed pleas of set-off and recoupment claiming damages to tbe barn and its contents because of the manner in which the work was done.
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Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. The Alabama Machinery & Supply Company brought its action against R. S. Dickson to recover for material furnished and work done in covering a bam belonging to defendant. Defendant interposed pleas of set-off and recoupment claiming damages to tbe barn and its contents because of the manner in which the work was done. After remandment, the plaintiff sought to take a non-suit, to which the defendant objected, insisting on his right to have his damages ascertained under his pleading. The court ordered a nonsuit entered, and from…
1Opinion of the CourtMerritt, J.
On a former appeal (17 Ala. App. 195, 84 South. 416), this case was reversed and remanded. When again called for trial in the lower court, the plaintiff moved for a nonsuit, which was granted over the objection of the defendant and over the motion of the defendant for judgment nil dicit on his pleas of set-off and recoupment, and his insistence that the trial proceed on said pleas as provided for by Acts of the Legislature 1919, p. 825.
[1] The plaintiff could not by taking a non-suit deprive the defendant of the right to have judgment against the plaintiff on his pleas if proven, and the case…
2Cases cited11 opinions
- Laird v. . CartonNew York Court of Appeals · 1909
- Sampeyreac and Stewart v. United StatesSupreme Court of the United States · 1833
- Edwards v. WilliamsonSupreme Court of Alabama · 1881
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Ashby Brick Co. v. Ely & Walker Dry Goods Co.Supreme Court of Alabama · 1907
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3Cited by25 opinions
- Nelson v. Department of Labor & IndustriesWashington Supreme Court · 1941
- Jones v. CaseySupreme Court of Alabama · 1983
- Ex Parte BurksSupreme Court of Alabama · 1986
- Harlan v. StateAlabama Court of Appeals · 1944
- Ex Parte BonnerSupreme Court of Alabama · 1995
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