Lutterworth & Lowe v. Cathcart
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by Butterworth & Lowe against John Catho.art. From a judgment for defendant, plaintiff appeals. The issues and evidence are sufficiently indicated in the opinion.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by Butterworth & Lowe against John Catho.art. From a judgment for defendant, plaintiff appeals. The issues and evidence are sufficiently indicated in the opinion. The following is charge 6, refused to the plaintiff: “If the jury believe from the evidence that plaintiff shipped the defendant such cars as defendant ordered, and if you further believe that at the time said cars were delivered to the railroad company they were in perfect condition and free from defects and other imperfections, and if you further believe from…
1Opinion of the CourtSayre, J.
Plaintiff, a corporation, being a nonresident, Messrs. Lowe & Tidwell became security for costs. Judgment having been rendered for the defendant, the court, without motion or judgment against the sureties, ordered that execution issue against them for costs. Appellant, who was plaintiff in the court below, assigns that order for error. There are two equally conclusive reasons why that assignment cannot be sustained in this court. For one, there is no judgment against the sureties to support an appeal, but only an improvident order which the court below will correct on application.—Dow Wire…
2Cases cited3 opinions
- White v. TolliverSupreme Court of Alabama · 1895
- Eslava v. FarleySupreme Court of Alabama · 1882
- Dow Wire Works Co. v. EngelhardtSupreme Court of Alabama · 1902
3Cited by11 opinions
- McClendon v. StateSupreme Court of Alabama · 1942
- Mid-Pacific Dress Manufacturing Co. v. CadinhaHawaii Supreme Court · 1935
- Taylor v. State Ex Rel. AdamsSupreme Court of Alabama · 1963
- Kvale v. KeaneNorth Dakota Supreme Court · 1918
- United States Ex Rel. National U. S. Radiator Corp. v. D. C. Loveys Co.District Court, D. Massachusetts · 1959
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