Sheppard & Co. v. Dowling
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon, J. M. Carmichael. This was an action of assumpsit, brought by the appellants against the appellee, the complaint containing the common counts. On this appeal prosecuted by the plaintiffs, the only assignments of error are based upon the ruling of the trial court on the plaintiffs’ motion for a new trial.
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Appeal from the Circuit Court of Dale. Tried before the Hon, J. M. Carmichael. This was an action of assumpsit, brought by the appellants against the appellee, the complaint containing the common counts. On this appeal prosecuted by the plaintiffs, the only assignments of error are based upon the ruling of the trial court on the plaintiffs’ motion for a new trial. The facts in reference to this ruling are sufficiently stated in the opinion. cited Cobb v. Malone, 92 Ala. 630; Loan Co. of Ala. v. Deans,,94 Ala. 377 ; White v..Blair, 95 Ala. 147. cited Cobb v. Malone, 92 Ala. 630 ; Hilliard on…
1Opinion of the CourtHead, J.
Action on the common counts. Plaintiffs’ (appellants’) assignor, E. R. Jordan, furnished the material and put on tin roofs on two buildings which were constructed by one M. M. Tye for defendant. One question was whether Tye or the defendant, Dowling, was the debtor to Jordan for this material and work. Upon this issue, Jordan testified for plaintiffs, “That he made a contract with M. M. Tye, as the agent of John W. Dowling, the defendant, to furnish the tin and cover two houses for $474.73; that said Tye told witness, at the time, that Jno. W. Dowling would pay for the work as soon as…
2Cases cited2 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- White v. BlairSupreme Court of Alabama · 1891
3Cited by6 opinions
- Teague, Barnett & Co. v. BassSupreme Court of Alabama · 1901
- United States Fidelity & Guaranty Co. v. Damskibsaktieselskabet HabilSupreme Court of Alabama · 1903
- Hale v. LayerAlabama Court of Appeals · 1945
- Engelbert v. TaylorAlabama Court of Appeals · 1911
- Morgan Plan Co., Inc. v. BeverlyAlabama Court of Appeals · 1948
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