Rudulph v. Wagner
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. This action was brought by F. H. Wagner, against John B. Rudulph, to recover the sum of $210, alleged to be “due from the defendant to the plaintiff' for four hundred and twenty bushels of corn, which plaintiff sold and delivered to defendant, at fifty cents per bushel, in the month of December, 1856, together with interest thereon from the 1st January, 1857.” “When the cause was called for…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. This action was brought by F. H. Wagner, against John B. Rudulph, to recover the sum of $210, alleged to be “due from the defendant to the plaintiff' for four hundred and twenty bushels of corn, which plaintiff sold and delivered to defendant, at fifty cents per bushel, in the month of December, 1856, together with interest thereon from the 1st January, 1857.” “When the cause was called for trial,” as the bill of exceptions states, “the defendant put in a plea of the general issue; and the parties consented that…
1Opinion of the Court
11. W. WALKER, J.
1. If the plaintiff desired to question the sufficiency of the plea of tender, either because the jdes itself was not filed in time, or because the money was not paid into court at the first terna, he should have objected to the plea, and had his objection passed upon by the court. He did not do this, but joined issue on the plea; and the cause was regularly tried on that plea, with the general issue. We must, therefore, consider that a regular plea of tender was duly filed, accompanied by a delivery of the money to the clerk of the court, as required by section 2245 of the…
2Cases cited6 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Sands v. LyonSupreme Court of Connecticut · 1846
- Tracy v. StrongSupreme Court of Connecticut · 1818
- Smith v. AndersSupreme Court of Alabama · 1852
- Hull v. PetersNew York Supreme Court · 1849
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3Cited by16 opinions
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Texas P. R'y Co. v. NicholsonTexas Supreme Court · 1884
- Odum v. Rutledge & Julian RailroadSupreme Court of Alabama · 1891
- Bankers' Mortg. Bond Co. v. RosenthalSupreme Court of Alabama · 1932
11 more not listed; retrieve them via the Exa API.