Waller v. Sultzbacher & Paige
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Robert Dougherty. Tins action was brought-by the,.appellees, was com-i menced by .attachment, and was founded on an .open account for goods sold and.- delivered. . At the fall .term, 1860, an entry was. made, in the case in the following words: “Came the .parties, by their, attorneys; find, this cause is continued by the defendant, upon the payment of the costs of-the term.; and this is made a condition…
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Robert Dougherty. Tins action was brought-by the,.appellees, was com-i menced by .attachment, and was founded on an .open account for goods sold and.- delivered. . At the fall .term, 1860, an entry was. made, in the case in the following words: “Came the .parties, by their, attorneys; find, this cause is continued by the defendant, upon the payment of the costs of-the term.; and this is made a condition precedent, with the further condition that, if the said costs are not paid in ninety days after the adjournment of this…
1Opinion of the CourtR. W. Walker, J.
One of the conditions upon which the defendant obtained the. continuance at the fall term, I860, was, that if the costs'were not paid in ninety days after the adjournment of the court, the defendant’s plea should be stricken from the file, and the plaintiffs have judgment by nil elicit, with inquiry. The defendant did not question the right of the court to impose these terms, but accepted the same. The order of the court became thereby an agreement of record between the parties, and the defendant cannot complain thatit was enforced against him. The record shows that the costs were not paid…
2Cases cited2 opinions
- Gowen v. JonesSupreme Court of Alabama · 1852
- Montgomery & Wetumpka Plank Road Co. v. Persse, Taylor & Co.Supreme Court of Alabama · 1854
3Cited by11 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Torrey v. BishopSupreme Court of Alabama · 1894
- Rhea v. TuckerSupreme Court of Alabama · 1876
- State ex rel. Spring River Electric Power Co. v. ThurmanSupreme Court of Missouri · 1910
- Maund v. Loeb & BrotherSupreme Court of Alabama · 1888
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