Dillworth v. Holmes Furn. & Vehicle Co.
Alabama Court of Appeals
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Action by the Holmes Furniture & Vehicle Company against W. P. Dillworth and another. Judgment for plaintiff against defendant Dillworth, and he appeals. The plaintiff sued W. P. Dillworth and D. C. Finney. Judgment for the plaintiff against W. P. Dillworth. who appeals.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Action by the Holmes Furniture & Vehicle Company against W. P. Dillworth and another. Judgment for plaintiff against defendant Dillworth, and he appeals. The plaintiff sued W. P. Dillworth and D. C. Finney. Judgment for the plaintiff against W. P. Dillworth. who appeals. The complaint consists of the common counts for “account” and “account stated,” and certain other counts declaring upon a special contract of guaranty, whereby the defendants guaranteed the payment of a note and mortgage executed by A. Y. Parker to plaintiff…
1Opinion of the Court
PELHAM, P. J.(1) Where it is manifest from the record that both parties have tried a cause to its conclusion, as if issue had been joined upon a special plea, although the record does not disclose such special plea and contains no other plea than the general issue, the appellate court will review the ruling of the trial court as if the issue had been specially pleaded. — Richmond & Danville R. R. Co. v. Farmer, 97 Ala. 141, 12 South 86; Gainer v. Southern Ry. Co., 152 Ala. 186, 44 South. 652; Snellgrove v. Evans, 145 Ala. 600, 40 South. 567; Planters’ & Merchants’ Independent Packet Co. v.…
2Cases cited21 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- Tompkins v. DrennenSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907
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3Cited by9 opinions
- George D. Witt Shoe Co. v. MillsSupreme Court of Alabama · 1932
- Pate v. BILLY BOYD REALTY AND CONST.Court of Civil Appeals of Alabama · 1997
- Norwood Transp. Co. v. CrossettSupreme Court of Alabama · 1922
- Provident Life Accident Ins. Co. v. PressleyAlabama Court of Appeals · 1953
- State Ex Rel. Griswold v. LeaSupreme Court of Alabama · 1923
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