Cassels v. Alabama City, G. & A. Ry. Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Assumpsit by the Alabama City, Gadsden & Attalla Railway Company against C. G. Cassels. Judgment for plaintiff, and defendant appeals. The evidence referred to in assignments 5, 9, 17, 18, 38, and 39, sufficiently appears.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Assumpsit by the Alabama City, Gadsden & Attalla Railway Company against C. G. Cassels. Judgment for plaintiff, and defendant appeals. The evidence referred to in assignments 5, 9, 17, 18, 38, and 39, sufficiently appears. The following is the oral charge of the-court referred to in assignments 59 and 60: And then, if you further believe from the evidence, gentlemen of the jury, that this defendant assumed the debt of Cas-sels’ Mills, he would be liable for the amount of that debt. If the-agreement was between the parties that…
1Opinion of the CourtThomas, J.
The several counts of the complaint upon which the trial was had were,' the common counts, and a count claiming for the breach of a contract to pay motor rent. The defendant pleaded the general issue, payment, and set-off.
Appellant’s assignments of error numbered from 5 to 9, inclusive, and 17, 18, 38, and 39, challenge rulings on admission of the evidence of witnesses Schuler and Cassels, on the ground, as is insisted, that this evidence contradicted the written contract in evidence. Such was not its effect. It only tended to show that the plaintiff had previously furnished power to Cassels’…
2Cases cited15 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Ex parte SteversonSupreme Court of Alabama · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. AdamsSupreme Court of Arkansas · 1905
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3Cited by4 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Sovereign Camp, W. O. W. v. ReedSupreme Court of Alabama · 1922
- Ashurst v. RosserSupreme Court of Alabama · 1963
- Withers v. Fort Worth Gas Co.Court of Appeals of Texas · 1921