Lord v. Calhoun
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. Terry Rioi-iardson. Action by H. P. Calhoun against Y. J. Lord and another, in assumpsit. Judgment against both defendants and they appeal. The court erred in permitting evidence as to the relation between defendants.— Brewer p. Watson, 65 Ala. 88; Wharton p. Ounnmgham, 46 Ain. 590; Thrash v. Bennett, 57 Ala. 156; Stein p.
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Appeal from Houston Circuit Court. Heard before Hon. Terry Rioi-iardson. Action by H. P. Calhoun against Y. J. Lord and another, in assumpsit. Judgment against both defendants and they appeal. The court erred in permitting evidence as to the relation between defendants.— Brewer p. Watson, 65 Ala. 88; Wharton p. Ounnmgham, 46 Ain. 590; Thrash v. Bennett, 57 Ala. 156; Stein p. Swadley, 126 Ala. 616; Garter v. Fulgham, 184 Ala. 239; O’Neal v. Gurry, 134 Ala. 216. On these authorities the court erred in admitting the testimony of complainant. Counsel discuss assignments of error relative to…
1Opinion of the CourtMayfield, J.
This was an action hy the appellee against the appellants to recover on an account which appellee claims was due him from appellants by account for rent and supplies for the year 1902. Both defendants pleaded the general issue, and the defendant Lord interposed special pleas of the statute of frauds and set-off. No demurrers were filed to the complaint or to the pleas, and the trial was had upon these issues, resulting in a verdict and judgment for the plaintiff against both defendants. From this judgment they appeal, and here separately assign errors.
The trial seems to have been had upon an…
2Cases cited3 opinions
- Gamble v. KellumSupreme Court of Alabama · 1892
- Garrison v. Hawkins-Lumber Co.Supreme Court of Alabama · 1895
- Jonas v. FieldSupreme Court of Alabama · 1887
3Cited by9 opinions
- Drummond v. DrummondSupreme Court of Alabama · 1924
- Smythe v. Dothan F. & M. Co.Supreme Court of Alabama · 1910
- Forbes v. PlummerSupreme Court of Alabama · 1916
- Hubbard v. ThrasherAlabama Court of Appeals · 1934
- Lang v. GunnAlabama Court of Appeals · 1930
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