Cain Lumber Co. v. Standard Dry Kiln Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Tried before Hon. T. M. Arrington . The Standard Dry Kiln Co. brought this action against the Cain Lumber Co. as a partnership, and against'the individuals alleged to compose it, and sought to recover damages from the defendants for their failure to accept certain machinery ordered by them from the plaintiff.
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Appeal from Montgomery City Court. Tried before Hon. T. M. Arrington . The Standard Dry Kiln Co. brought this action against the Cain Lumber Co. as a partnership, and against'the individuals alleged to compose it, and sought to recover damages from the defendants for their failure to accept certain machinery ordered by them from the plaintiff. The defendants, Cain and Moore, interposed a plea denying any partnership such as that alleged in the complaint, and Cain alone plead non est factum. The plaintiff introduced in evidence, a written order addressed to plaintiff by the Cain Lumber Co.…
1Opinion of the CourtBrickell, C. J.
The sections of the Code, (2816-32), entitled “Examination of parties by interrogatories,” had their origin in a pre-existing statute which’ in terms provided for a discovery at law. Clay’s Dig. 341, § 160. In Allen v. Lathrop, 90 Ala. 490, it was in effect, decided that the construction given the pre-exist-ing, should be applied to, the present statute. We see no .reason to doubt the correctness of the decision. The purposes of the two statutes , and the mode of precedure prescribed, are similar, if not identical. Each created a right to a discovery in civil suits at law, which, in the…
2Cases cited4 opinions
- Allen v. Lathrop-Hatton Lumber Co.Supreme Court of Alabama · 1890
- Ingraham v. FosterSupreme Court of Alabama · 1857
- Fowlkes & Co. v. Baldwin, Kent & Co.Supreme Court of Alabama · 1841
- Jackson v. HughesSupreme Court of Alabama · 1844
3Cited by15 opinions
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Ex parte PepperSupreme Court of Alabama · 1913
- Sullivan Timber Co. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
- Augusta Friedman's Shop, Inc. v. YeatesSupreme Court of Alabama · 1927
- Albert Hass Lumber Co. v. GibsonSupreme Court of Alabama · 1911
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