Saltmarsh v. Bower & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Perry. Tried before the Hon. C. W. Bapieü. This action was brought by William Bower & Co., late partners, for the use of John N. Smith, against Alanson Saltmarsh, and was commenced on the 7th, October, 1847. The cause of action was the sum of $2,818 23, alleged to be due on an account stated, for goods, wares and merchandise sold and delivered, for money had and received, and money paid, laid out and expended, as stated in the com'mon money…
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Appeal from tbe Circuit Court of Perry. Tried before the Hon. C. W. Bapieü. This action was brought by William Bower & Co., late partners, for the use of John N. Smith, against Alanson Saltmarsh, and was commenced on the 7th, October, 1847. The cause of action was the sum of $2,818 23, alleged to be due on an account stated, for goods, wares and merchandise sold and delivered, for money had and received, and money paid, laid out and expended, as stated in the com'mon money counts. The pleas were, non assumpsit, set-off, and payment; and the cause was tried on issue joined on all these pleas.…
1Opinion of the CourtA. J. Walker, C. J.
The motion to suppress the cross-examination or re-examination of the nominal plaintiff, Bower, was predicated upon the two specified grounds, that there was no law authorizing it, and that this was not a case in which it could be allowed. The act of Eeb. 8th, 1856, allows a re-examination, “ either with or without interrogatories, by a party who had made a previous cross-examination that was imperfect or insufficient, but not made so by his willful neglect.” The prescribed prerequisite of such re-examination is, that' the party, his agent, or attorney, shall make a satisfactory showing, upon…
2Cases cited16 opinions
- Nelson v. IversonSupreme Court of Alabama · 1853
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Wightman v. KarsnerSupreme Court of Alabama · 1852
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Councill v. MayhewSupreme Court of Alabama · 1911
- Mount v. Board of CommissionersIndiana Supreme Court · 1907
- Ex parte HayesSupreme Court of Alabama · 1890
- M. C. Lee & Co. v. WilmerdingTexas Supreme Court · 1882
- Holman v. ClarkSupreme Court of Alabama · 1906
14 more not listed; retrieve them via the Exa API.