O'Neal v. Curry
Supreme Court of Alabama
Appeal from 'the Circuit. Court of Henry. Tried: before: the I-Iomi. John P. Htjbbabd. This was an action brought by the appellee, J. A. Curry, against the appellant, W. O. O’Neal. The facts of the case are sufficiently stated in, the opinion. The court, at the request of the plaintiff, gave to the jury the following written charge: “The court charges the jury that the burden of proof is upon the defendant to establish his set off.”
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Appeal from 'the Circuit. Court of Henry. Tried: before: the I-Iomi. John P. Htjbbabd. This was an action brought by the appellee, J. A. Curry, against the appellant, W. O. O’Neal. The facts of the case are sufficiently stated in, the opinion. The court, at the request of the plaintiff, gave to the jury the following written charge: “The court charges the jury that the burden of proof is upon the defendant to establish his set off.” The defendant duly excepted to the giving of this charge, and also excepted to the court’s refusal to give the following charge requested by him: “The court…
1Opinion of the CourtHaralson, J.
This suit was commenced in a justice’s couirtl o»n the -7th October, 1899, by the plaintiff, J. A. Curry, on a co»mplain-t in two» co»unts; the first one claiming of defendant, W. C. O’Neal, $75 due from him to» plaintiff, for the value of two» bales of lint cotton sold by.plaintiff to» defendant, oini the 7th October,. 1899 ,(1898), which sum of money was alleged to» be due and unpaid; the second count claiming .the same sum alleged to be due, by account made with plaintiff by defendant, for merchandise, goods and chattels sold by plaintiff to defendant, on the 7th - October, 1899 (1898),…
2Cases cited1 opinion
- Cook & Co. v. Malone & SonsSupreme Court of Alabama · 1900
3Cited by5 opinions
- Savage v. StateAlabama Court of Appeals · 1921
- Buchanan v. StateAlabama Court of Appeals · 1913
- Elrod Lumber Co. v. MooreSupreme Court of Alabama · 1913
- Kern v. CoxSupreme Court of Alabama · 1910
- Savage v. StateAlabama Court of Appeals · 1921