Jos. Joseph. & Bros. v. Hoffman & McNeill
Supreme Court of Alabama
Appeal- from Jefferson Circuit Court. Heard, before Hon. A. Ó. Lane. Assumpsit by Hoffman & McNeill against Joseph Joseph & Brothers Company,, a corporation. Judgmeat for plaintiff and defendant appeals. The court should not consider items of the account not on the hill of particulars as objection was made at the time the evidence was offered. — Section 5826, Code 1907, and cases cited.
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Appeal- from Jefferson Circuit Court. Heard, before Hon. A. Ó. Lane. Assumpsit by Hoffman & McNeill against Joseph Joseph & Brothers Company,, a corporation. Judgmeat for plaintiff and defendant appeals. The court should not consider items of the account not on the hill of particulars as objection was made at the time the evidence was offered. — Section 5826, Code 1907, and cases cited. The burden was on the plaintiff to show a compliance on their part and the defendant’s breach, and the amount due. — Winter v. Poliak, 166 Ala. 255; 16 Ene. P. & P. 174-9, and this burden must be carried…
1Opinion of the CourtMcCLELLAN, J.
On the trial, this cause was, by agreement, “submitted on the plea of the general issue, with leave on the part of the defendant to introduce evidence of any matters of defense it might have to the action as though specially pleaded, and that the plaintiff might offer evidence of any matter on rebuttal as though a special replication was filed.”
The cause or causes of action were stated in the common counts. This form of claim for a recovery arising out of special contract is well chosen when the contract has been fully executed on the plaintiff’s part, and nothing remains to be done on the…
2Cases cited13 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- St. Clair v. CoxSupreme Court of the United States · 1882
- Freeman v. AldersonSupreme Court of the United States · 1886
- Sweeney v. TritschSupreme Court of Alabama · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- State v. BlackSupreme Court of Alabama · 1940
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Mills v. HowardCourt of Appeals of Texas · 1950
- Long v. ClarkSupreme Court of Alabama · 1918
14 more not listed; retrieve them via the Exa API.