Legal Opinion
Bozeman v. Dillard
Supreme Court of Alabama
Decided April 16, 1925No. 8 Div. 748PublishedCited by 17 opinions
1Opinion of the CourtThomas, J.
The petition is for mandamus to the judge of the law and equity court of Franklin county, to vacate an order made on motion as to assessment of damages by the court after default when a jury was demanded.
The provisions of section -7881, Code of .1923, are specific, in that either party may have the damages assessed by a jury. The statute merely declares the rule established by this court concerning the right to a jury when demanded, and the same may not be waived without the consent of the adverse party. Prudential Casualty Co. v. Kerr, 202 Ala. 259, 80 So. 97; Ex parte Florida Nursery &…
2Cases cited7 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Hill v. TarverSupreme Court of Alabama · 1900
- Florida Nursery & Trading Co. v. WatsonSupreme Court of Alabama · 1917
- Moseley v. CollinsSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bank of Heflin v. MilesSupreme Court of Alabama · 1975
- Ewart v. CunninghamSupreme Court of Alabama · 1929
- Ex Parte WrightSupreme Court of Alabama · 1932
- Morris v. Corona Coal Co.Supreme Court of Alabama · 1926
- Mosaic Templars of America v. HallSupreme Court of Alabama · 1929
12 more not listed; retrieve them via the Exa API.