Wynn v. Simmons
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Eobert Dougherty. This action was brought by Holman F. Simmons, against Eobert H. Wynn, and sought to recover damages for the defendant’s alleged breach Of a partnership agreement between him and the plaintiff. The defendant pleaded “the general issue, in short by consent, with leave to give in evidence anything that could be legally pleaded in bar.”
Read the full summary
Appeal from the Circuit Court of Talladega. Tried before the Hon. Eobert Dougherty. This action was brought by Holman F. Simmons, against Eobert H. Wynn, and sought to recover damages for the defendant’s alleged breach Of a partnership agreement between him and the plaintiff. The defendant pleaded “the general issue, in short by consent, with leave to give in evidence anything that could be legally pleaded in bar.” The jury returned a verdict in favor of the plaintiff, .for forty-one 99-100 dollars ; and the court thereupon rendered judgment in his favor for that amount, with costs. The…
1Opinion of the Court
STONE, J.—
The Code (§ 2365) declares, that “if suit be brought for such amount, [the amount of which the court has jurisdiction,] and a less sum be recovered, unless the amount is reduced below that of which the court has jurisdiction, by a set-off successfully made by the defendant, the judgment must be set aside, and the suit dismissed, unless he, or some one for him, make affidavit,” &c.
In the case we are considering, there is no bill of exceptions setting forth the nature of the defense. A motion to dismiss the suit, based on the fact that the recovery was under fifty dollars, was…
2Cited by3 opinions
- Camp v. Marion CountySupreme Court of Alabama · 1890
- Black v. RyanSupreme Court of Alabama · 1915
- Lynn v. WrightAlabama Court of Appeals · 1948