Cunningham's Ex'r v. Cochran
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. This was an action of assumpsit, commenced by the defendants in error against Hugh M. Cunningham in his life-time, and revived after his death against the plaintiff in error as his executor, to recover certain fees which they claimed to be due them for professional services, as attornies, by the Western Bank of Georgia at Rome, and which they alleged the testator of the plaintiff in error, in…
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Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. This was an action of assumpsit, commenced by the defendants in error against Hugh M. Cunningham in his life-time, and revived after his death against the plaintiff in error as his executor, to recover certain fees which they claimed to be due them for professional services, as attornies, by the Western Bank of Georgia at Rome, and which they alleged the testator of the plaintiff in error, in consideration of the transfer to him by Estill, one of the firm of Cochran & Estill, of a judgment, obtained against John…
1Opinion of the CourtDargan, C. J.
Upon the trial of this cause, the plaintiffs read to the jury the deposition of Christopher Haynes. The defendant objected to a portion of his answer to the second interrogatory, but his objection was overruled. The part objected to is in the following language: “All I know about *480the fees of the plaintiffs is, that, about January 1841, William Smith, the president of said Bank, told me that he had a settlement with the plaintiffs, for their services as attornies for said Bank, and was to pay them twenty-four hundred dollars, or about that amount.” The object of introducing this testimony was…
2Cases cited3 opinions
- Wallis v. RheaSupreme Court of Alabama · 1846
- Davis v. StateSupreme Court of Alabama · 1850
- Bohannan v. ChapmanSupreme Court of Alabama · 1848
3Cited by8 opinions
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Espalla v. Richard & SonsSupreme Court of Alabama · 1891
- Preslar v. StallworthSupreme Court of Alabama · 1861
- Gabriel v. StateSupreme Court of Alabama · 1867
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