Legal Opinion

Goodwater Warehouse Co. v. Street

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 23 opinions

Appeal from the Circuit Court: of Coosa. Tried before the Hon. A. H. Alston. This was a suit in which the appellee, J. C. Street, the plaintiff in the court below, sought to recover damages from the defendants for the' destruction, loss, damage and conversion of nine hales of cotton stored by the plaintiffs with the defendants, as warehousemen.

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Appeal from the Circuit Court: of Coosa. Tried before the Hon. A. H. Alston. This was a suit in which the appellee, J. C. Street, the plaintiff in the court below, sought to recover damages from the defendants for the' destruction, loss, damage and conversion of nine hales of cotton stored by the plaintiffs with the defendants, as warehousemen. Service was had. upon both of the defendants, and they both appeared generally and by counsel, and after demurring to plaintiff’s complaint filed pleas to each count thereof which set up, among other things, that at the time the plaintiff’s cotton was…

1Opinion of the CourtTyson, J.

This appeal is prosecuted from a judgment by default rendered against the defendants under section 1856 'of the Code. .That section i,s a part of the statutory system making provision for either party to a civil suit at laAA', to have a discovery, as in courts of equity, upon interrogatories propounded to the adverse party, etc. — Code, §§ 1850, et seq. It reads as follows: “If answer to the interrogatories are not filed within 60 days after the service of a copy of the interrogatories, or *625when the answers are not full, or are evasive, the court may either attach the party and cause him to…

2Cases cited16 opinions

  1. Gunn v. HowellSupreme Court of Alabama · 1855
  2. Pettus v. McClannahanSupreme Court of Alabama · 1875
  3. McCravey v. RemsonSupreme Court of Alabama · 1851
  4. Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
  5. Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898

11 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Martin v. MartinSupreme Court of Alabama · 1911
  2. Tillery v. TillerySupreme Court of Alabama · 1927
  3. Boyd v. GarrisonSupreme Court of Alabama · 1944
  4. McCollum v. Birmingham Post Co.Supreme Court of Alabama · 1953
  5. Avery Freight Lines, Inc. v. PersonsSupreme Court of Alabama · 1947

18 more not listed; retrieve them via the Exa API.

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