Garrison v. Hawkins-Lumber Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jambs J. Banks The facts of the case are sufficiently stated in the opinion. 1. The suit was against J. Garrison and wife, Mahala B., on an alleged joint contract, for material alleged to have been sold defendants jointly. The case was tried by the court without a jury. The evidence did not connect Mahala B. Garrison, in any way, with the transaction.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jambs J. Banks The facts of the case are sufficiently stated in the opinion. 1. The suit was against J. Garrison and wife, Mahala B., on an alleged joint contract, for material alleged to have been sold defendants jointly. The case was tried by the court without a jury. The evidence did not connect Mahala B. Garrison, in any way, with the transaction. Judgment was rendered in favor of Mahala B. and against J. Garrison. There was a fatal variance between the allegations and the proof. — Lee v. Wimberly, 102 Ala. 539 ; Gamble v.…
1Opinion of the CourtHaralson, J.
The suit was instituted by appellees against appellant and Mahala B. Garrison,to enforce a mechanic’s lien for lumber and materials furnished by appellees to them for building upon and improving certain lots. The case was tried below by the court without a jury, and judgment rendered in favor of Mahala B. Garrison,one of the defendants,and against the other defendant, the appellant. There was but one count in the complaint, alleging that “plaintiffs claim of defendants $235, due from them to plaintiffs for lumber and material sold by plaintiffs to them, at their request, on March 1, 1893,…
2Cases cited4 opinions
- Leftwich Lumber Co. v. Florence Mutual Building, Loan & Savings Ass'nSupreme Court of Alabama · 1894
- Gamble v. KellumSupreme Court of Alabama · 1892
- Lee v. WimberlySupreme Court of Alabama · 1893
- McAnally v. Hawkins Lumber Co.Supreme Court of Alabama · 1895
3Cited by19 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Bowery v. BabbitSupreme Court of Florida · 1930
- Rentz v. Live Oak BankSupreme Court of Florida · 1911
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
- Smythe v. Dothan F. & M. Co.Supreme Court of Alabama · 1910
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