Acha Hermanos Y Cia v. Rosengrant
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Assumpsit by George M. Rosengrant against Adía Hermanos y Cia, begun by attachment, and resulting in judgment for plaintiff, from which the defendant appeals.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Assumpsit by George M. Rosengrant against Adía Hermanos y Cia, begun by attachment, and resulting in judgment for plaintiff, from which the defendant appeals. The complaint was filed December 13, 1915, and the affidavit denying the correctness of the count was filed May 15, 1917. On the trial of the cause the defendant offered to refile the affidavit denying the correctness of the count which was filed May 15, 1917, but the court declined to permit the refiling. The suit was oyer the price of certain staves shipped by the…
1Opinion of the CourtBricken, J.
This was a suit' by appellee against appellant aiid was filed on December 13, 1915.
The complaint consisted of two' counts; the first being upon open account, and the second for goods, wares, and merchandise sold by the plaintiff to the defendant. There was an indorsement upon the complaint:
“The account sued on above is itemized and verified by affidavit and is filed simultaneously with this complaint.”
On May 15, 1917, the defendant filed an affidavit denying the correctness of the account sued on. The case was tried upon the pleas of the general issue, accord and satisfaction, and payment.…
2Cited by2 opinions
- Ex Parte Acha Hermanos Y CiaSupreme Court of Alabama · 1920
- Merchant's Printers, Inc. v. Vulcan Publications, Inc.Supreme Court of Alabama · 1992