Jackson Lumber Co. v. Trammell
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. A. B. Foster. Action by R. H. Trammell against the Jackson Lumber Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Covington Circuit Court. Heard before Hon. A. B. Foster. Action by R. H. Trammell against the Jackson Lumber Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant to recover a sum claimed by the plaintiff to be due under a contract made between the plaintiff and the defendant on May 1, 1903, and terminating May 1, 1913, by the terms of which the plaintiff was engaged to attend the employees of the defendant company and render them medical and surgical aid and attention during the time the contract was in force, and for which services plaintiff…
1ConcurrenceMcCLELLAN, J.
(concurring). — Upon original submission a majority of the court affirmed the judgment below. I was unable to give my assent to that conclusion because, it seemed to me, error was committed by the trial court in overruling defendant’s (appellant’s) demurrers to replications interposed by the plaintiff to plea 3. On rehearing the order of affirmance has been annulled and a reversal of the judgment entered, but, as appears, upon a different finding of error from that which, in my opinion, underlay the judgment below.
The complaint as amended contained some of the common counts, and also special…
2Cases cited15 opinions
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Hitchcock v. LukensSupreme Court of Alabama · 1838
- Chewacla Lime Works v. Dismukes, Frierson & Co.Supreme Court of Alabama · 1888
- Savage v. WalsheSupreme Court of Alabama · 1855
- Bain v. WellsSupreme Court of Alabama · 1894
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