Hodge v. Tufts
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. ' This action was brought by the appellee, James Tufts, against the appellants, Hodge & Williams ; and counted upon several promissory notes which were given by the defendants to the plaintiffs for the purchase price of a soda water fountain. The defendants pleaded the general issue, failure of consideration, payment, breach of warranty, and the following special pleas : “7th.
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Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. ' This action was brought by the appellee, James Tufts, against the appellants, Hodge & Williams ; and counted upon several promissory notes which were given by the defendants to the plaintiffs for the purchase price of a soda water fountain. The defendants pleaded the general issue, failure of consideration, payment, breach of warranty, and the following special pleas : “7th. On the 7th day of October, 1887, the defendants contracted with the plaintiff, who was a manufacturer of apparatus for the making and…
1Opinion of the CourtHaralson, J.
The rule generally is, that a ruling sustaining or overruling a demurrer will‘not on error be revised, unless the demurrer appear of record. — 3 Brick. Dig. 405, § 13. The judgment entry in this case shows, that a demurrer interposed by the plaintiff to the defendants’ 7th plea, which demurrer was not set out in the record, was sustained. In this state of the case, we must presume, if necessary, that some grounds of demurrer were specifically assigned, in order to sustain the rulings of the court below.—Newsom v. Huey, 36 Ala. 562 ; Merritt v. Flemming, 42 Ala. 234.
The appellants, defendants…
2Cases cited9 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Dill v. CampSupreme Court of Alabama · 1853
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
- Snow v. Schomacker Manufacturing Co.Supreme Court of Alabama · 1881
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3Cited by10 opinions
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