Wagar Lumber Co. v. Sullivan Logging Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried before the Hon. William S. Anderson. This action was brought against the Wagar Lumber "Co. by “M. R. Sullivan and F. W. Sullivan, as partners doing business under the firm name of Sullivan Lumber Company;” and sought to recover damages for the breach of a logging contract made by the defendant with one E. O. Sullivan and which contract it was alleged was, with the consent of the defendant, assigned to the plaintiffs.
Read the full summary
Appeal from the Circuit Court of Washington. Tried before the Hon. William S. Anderson. This action was brought against the Wagar Lumber "Co. by “M. R. Sullivan and F. W. Sullivan, as partners doing business under the firm name of Sullivan Lumber Company;” and sought to recover damages for the breach of a logging contract made by the defendant with one E. O. Sullivan and which contract it was alleged was, with the consent of the defendant, assigned to the plaintiffs. The contract sued on was executed July 1st, 1895, and was in words and figures as follows: “In consideration of the sum of two…
1Opinion of the Court
McOLELLAN, c. J.
The bill of exceptions contains this recital: ‘ ‘This being substantially all the testimony, the court charged the jury,” etc. The “testimony” here referred to embraces written as well as oral evidence. It is insisted that this recital is not the equivalent of a statement that the foregoing is ‘ ‘substantially all the evidence,” that “testimony” does not include documentary evidence, and hence that this court cannot conclude that the substance of all the evidence is set out. This construction is too technical. The recital having, as it did, reference to documentary evidence as…
2Cases cited5 opinions
- Lem Moon Sing v. United StatesSupreme Court of the United States · 1895
- Jones v. AndersonSupreme Court of Alabama · 1886
- Danforth v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Stoudenmire v. Harper Bros.Supreme Court of Alabama · 1886
- McTighe & Co. v. McLaneSupreme Court of Alabama · 1890
3Cited by4 opinions
- Brady v. OliverTennessee Supreme Court · 1911
- Futvoye v. ChuitesSupreme Court of Alabama · 1932
- Davie v. RolandAlabama Court of Appeals · 1912
- Young v. StateAlabama Court of Appeals · 1913