Graydon v. Buford
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hou. A. H. Alston. Action by John T. Graden against J. W. Buford. From a judgment for defendant, plaintiff appeals.
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Appeal from Marshall Circuit Court. Heard before Hou. A. H. Alston. Action by John T. Graden against J. W. Buford. From a judgment for defendant, plaintiff appeals. The bill of exceptions shows as follows: That after argument of counsel the court announced his intention of charging the jury that the plaintiff could recover nothing at all under the contract, and that there was only one item in controversy, and that was the $5 claimed to have been paid at Huntsville to the plaintiff, and that he would further charge the jury that, if the plaintiff had paid out more in defraying his expenses…
1Per curiam
The motion to dismiss the appeal proceeds on the theory that the act requiring the holding of the circuit court of Marshall county at Albert-ville, a place other than the county seat, is void. The question was considered, and determined adversely to this motion, in Merchants’ National Bank of Lafayette, Ind., v. Thos. B. McNaron et al., 55 South. 242. The action is stated in separate counts; one for money due by account for work and labor done, and the other, on an account due and unpaid.
The bill of exceptions sufficiently shows that the non-suit was suffered because of adverse rulings by the…
2Cases cited2 opinions
- Long v. HolleySupreme Court of Alabama · 1908
- Maxwell & Delehomme v. MooreSupreme Court of Alabama · 1909
3Cited by4 opinions
- Ludden & Bates v. WattAlabama Court of Appeals · 1922
- Buford v. GradenAlabama Court of Appeals · 1912
- Buford v. GradenSupreme Court of Alabama · 1914
- McCormick v. BadhamSupreme Court of Alabama · 1919