Dominick v. Randolph
Supreme Court of Alabama
Appeal from Perry Circuit Court. Tried before Hon. John Moore. Action by M. L. liandolph against Martin Dominick on contract.
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Appeal from Perry Circuit Court. Tried before Hon. John Moore. Action by M. L. liandolph against Martin Dominick on contract. The facts necessary to be stated were, that the defendant purchased a house and lot at register’s sale; that he failed to pay the purchase money; that he then entered into contract with the complainant in the chancery suit for time, agreeing to pay all damages that might arise by his failure to comply with the terms of his bid; that the property had to be and ivas re-sold at a less price than Avas bid at the first sale. Hence this suit claiming damages on the said…
1Opinion of the CourtDowdell, J.
— After pleas in bar have been filed to the complaint, it is discretionary with the court to permit the withdrawal of such pleas and to allow- the defendant to file demurrers. The action of the court in the exercise of such discretion, as a rule, is not revisable on appeal.
It is shoAvn by the record in this case that on the 27th day of August, 1895, a idea in bar was filed to the complaint by the defendant, represented by his attorneys, TutAA'iler & Knight. The judgment entry of the court sIioavs, that on the 3rd day of September, 1897, the day of the trial of the cause, P. A. Tntwiler, one…
2Cases cited9 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Burney v. TorreySupreme Court of Alabama · 1893
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Milton v. RowlandSupreme Court of Alabama · 1847
- In re CarmichaelSupreme Court of Alabama · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- George v. StateSupreme Court of Alabama · 1941
- Councill v. MayhewSupreme Court of Alabama · 1911
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Berry v. StateSupreme Court of Alabama · 1935
33 more not listed; retrieve them via the Exa API.