Legal Opinion

Jordan v. Rice

Supreme Court of Alabama

Decided June 30, 1910PublishedCited by 9 opinions

Assumpsit. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by Mollie C.” Jordan against Charles H. Moore, aided- by garnishment, in which Thomas R. Rice intervened, claiming the funds garnished. From a judgment for claimant, plaintiff appeals. The charge referred to in the dissenting opinion are as follows: (1) Affirmative charge to find for the plaintiff.

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Assumpsit. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by Mollie C.” Jordan against Charles H. Moore, aided- by garnishment, in which Thomas R. Rice intervened, claiming the funds garnished. From a judgment for claimant, plaintiff appeals. The charge referred to in the dissenting opinion are as follows: (1) Affirmative charge to find for the plaintiff. (2) “The court charges the jury that, if they believe the evidence, the claim of Rice is not sustained, and as to him they must find for the plaintiff.” (3) “The court charges the jury that the burden is upon…

1Opinion of the CourtMayfield, J.

— The only assignment of error on the record is as follows: “The court erred in refusing each of the following written charges, to wit: Nos. 1, 2, 3, 4, 5, 6, 7, and 8, asked by appellant.” This assignment is too general to authorize a separate review of the several charges so numbered. The appellant can take nothing by the assignment unless each of the charges so numbered should have been given. Some of these charges are palpably bad, and were unquestionably properly refused; nor do we mean here to intimate that any one of them should have been given.

The insistence of counsel, in his brief,…

2Cases cited1 opinion

  1. Ashford v. AshfordSupreme Court of Alabama · 1902

3Cited by9 opinions

  1. Jack Cole, Inc. v. WalkerSupreme Court of Alabama · 1941
  2. Snellings v. JonesAlabama Court of Appeals · 1947
  3. Roach v. WrightSupreme Court of Alabama · 1915
  4. Hamilton v. Cranford Mercantile Co.Supreme Court of Alabama · 1918
  5. Malone v. ReynoldsSupreme Court of Alabama · 1925

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