Wilson v. Owens Horse & Mule Co.
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by the Owens Horse & Mule Company against W. S. Wilson. Judgment for plaintiff, and defendant appeals. The pleas set up: First, the general issue; second, failure of consideration; and, third, breach of warranty in the condition of the mule. Demurrers were sustained to the pleas, and after trial there was judgment for the plaintiff, and an appeal, without bill of exceptions.
1Opinion of the CourtThomas, J.
The appellant was defendant below and prosecutes this appeal on the record proper — there being no bill of *468exceptions and no charges set out in the record. The only errors assigned are, that the court erred in sustaining demurrers to certain special pleas. Assuming, without deciding, that the court did err in the particulars mentioned, it is not made to appear that the error was probably injurious to the defendant, which is necessary, under the new rule of our Supreme Court (rule 45 as published in 175 Ala. xxi, 61 South, ix), before we would be authorized to reverse the case. ' Under this…
2Cases cited1 opinion
- Henderson v. Tennessee Coal, Iron & Ry. Co.Supreme Court of Alabama · 1914
3Cited by10 opinions
- Beiser v. Sov. Camp W. O. W.Supreme Court of Alabama · 1916
- Black v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1919
- Chewning v. KnightAlabama Court of Appeals · 1918
- Harrell v. HooksAlabama Court of Appeals · 1918
- MacHer v. Farmers' & Ginners' Cotton Oil Co.Supreme Court of Alabama · 1920
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