Burnett Bean v. Miller
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Assumpsit by Burnett & Bean against Dalee Miller. Judgment for defendant, and plaintiffs appeal. Transferred from Court of Appeals under section -6, p. 449, Acts 1911. Complaint was on the common counts for work and labor done and sought also to establish a lien.
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Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Assumpsit by Burnett & Bean against Dalee Miller. Judgment for defendant, and plaintiffs appeal. Transferred from Court of Appeals under section -6, p. 449, Acts 1911. Complaint was on the common counts for work and labor done and sought also to establish a lien. The following is replication No. 2: Plaintiffs for reply to defendant’s said plea numbered 3 saith that the defendant' contracted with them to perform certain work on her house, and that these plaintiffs informed defendant before starting the work on same that the…
1Opinion of the CourtThomas, J.
The trial was upon the common counts, to which the defendant had pleaded the general issue and recoupment. Demurrer to the latter plea being overruled, plaintiffs replied by the general replication (Code, 1907, § 533S), and sought to reply by special replication No. 2, setting up estoppel, to which demurrer was sustained. These rulings are assigned and argued as error.
In the plea of recoupment it was averred that at the time of the institution of the suit defendant had a claim against plaintiffs “growing out of the transaction upon which this suit is based,” and which is offered to be…
2Cases cited31 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
26 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Melody Home Manufacturing Co. v. BarnesTexas Supreme Court · 1987
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Standard Oil Company v. JohnsonSupreme Court of Alabama · 1964
- Mobile Light R. Co. v. GadikSupreme Court of Alabama · 1924
- Westbrook v. WattsCourt of Appeals of Texas · 1954
17 more not listed; retrieve them via the Exa API.