Bowdon Lime Works v. Moss
Alabama Court of Appeals
Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Assumpsit by Walter H. Moss against the Bowden Lime Works and the individuals composing the firm. Judgment for plaintiff, and defendants appeal.
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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Assumpsit by Walter H. Moss against the Bowden Lime Works and the individuals composing the firm. Judgment for plaintiff, and defendants appeal. The‘assignments of error referred to are as follows: (1) Overruling defendant’s objection to the question propounded to the witness Moss, and motion to exclude the answer “whether Shelby Lime Company, a corporation, owed him enough to pay for the goods;” it being shown that a book account was kept between said Moss and the Shelby Lime Company. (2) Question and answer of same witness as…
1Opinion of the Court
BROWN, J.(1) There is no assignment of error predicated on the exception reserved by the defendant to the judgment and conclusion of the court on the evidence, and no question is presented as to the correctness of the court’s finding on the evidence. —Tuscaloosa Cottonseed Oil Co. v. Perry, 85 Ala. 158, 4 South. 635.(2) Nor is the question as to whether the plaintiff should have recovered on the evidence showing an indebtedness on the part of any one of the defendants, when two are sued, open to review on the assignments of error made on the record.—McAnally v. Hawkins Lumber Co., 109 Ala.…
2Cases cited10 opinions
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
- Daigre v. Julius Levin & Co.Supreme Court of Louisiana · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Holcomb v. ForsythSupreme Court of Alabama · 1927
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Hart v. ColemanSupreme Court of Alabama · 1917
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Dudley v. Colonial Lumber Co.Supreme Court of Alabama · 1931
8 more not listed; retrieve them via the Exa API.