Shafer & Co. v. Hausman
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before tlie I-Ion. A. D. Sayre. This was an action brought by the appellant, E. E. Sha-fer, doing business as E. E. Sliafer & Compan3r, against the appellee, D. S. I-Iausman, to recover an account due the. plaintiff for work and labor done and material' furnished upon and in the construction of a building for the defendant.
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Appeal from the City Court of Montgomery. Tried before tlie I-Ion. A. D. Sayre. This was an action brought by the appellant, E. E. Sha-fer, doing business as E. E. Sliafer & Compan3r, against the appellee, D. S. I-Iausman, to recover an account due the. plaintiff for work and labor done and material' furnished upon and in the construction of a building for the defendant. The complaint contained the common counts and also a special count claiming the sum of $200 due upon an agreement in writing, which, as stated in the opinion, was an order from S. L. Smith to the defendant to pa? the…
1Opinion of the CourtDowdell, J.
This cause was tried. by the city court'without a jury. There are four assignments of error. The first two relate to the judgment rendered, and the other two, to the ruling of the court on the admission of evidence.
Only two questions are presented. The bill of exceptions does not purport to set out all of the evidence. ‘•When on appeal the bill of exceptions fails to recite that it contains all the evidence, this court will presume any state of evidence which would sustain the giving or refusal of an instruction to the jury by the trial court.” Postal Tel. Co. v. Hulsey, 115 Ala. 193; Sanders…
2Cases cited10 opinions
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Postal Telegraph Cable Co. v. HulseySupreme Court of Alabama · 1896
- Sanders v. SteenSupreme Court of Alabama · 1900
- Randall v. WadsworthSupreme Court of Alabama · 1900
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Barton v. Charter Gas Engine Co.Supreme Court of Alabama · 1907
- Shearin v. PizitzSupreme Court of Alabama · 1922
- Exchange Underwriters Agency v. BatesSupreme Court of Alabama · 1915
- Taylor v. LunsfordAlabama Court of Appeals · 1934
7 more not listed; retrieve them via the Exa API.