Badders & Britt v. Davis
Supreme Court of Alabama
Appeal from tbe Circuit Court of Calboun. Tried before the-Hon. Leroy F. Bos. This action was brought by tbe appellants, suing as partners, against W. A. Davis and his wife, and was commenced on the 6th July, 1888. The complaint contained a common count, claiming $560 for work and labor done by plaintiffs in building a house for defendant, on a lot particularly described; and also sought to- enforce a statutory lien on the house and lot, for the work done and materials…
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Appeal from tbe Circuit Court of Calboun. Tried before the-Hon. Leroy F. Bos. This action was brought by tbe appellants, suing as partners, against W. A. Davis and his wife, and was commenced on the 6th July, 1888. The complaint contained a common count, claiming $560 for work and labor done by plaintiffs in building a house for defendant, on a lot particularly described; and also sought to- enforce a statutory lien on the house and lot, for the work done and materials furnished, claiming $560 as the balance due. At the August term, 1888, an entry was made in the cause, as follows: “By…
1Opinion of the CourtStone, C. J.
The order of submission to arbitration in this case was to two named persons, • “they to call in a third man, whose award, when made according to law, to be made the judgment of the court.” No third man was called in, but the two named arbitrators had the parties and their witnesses before them, heard the cause, and rendered their award. No objection was raised on the trial to the failure to call in the third arbitrator. Proceeding to trial before the two without objection, was a waiver of the right to have the third man called in. — Chapman v. Ewing, 78 Ala. 403.
The circumstances shown in…
2Cases cited8 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Jackson v. CloptonSupreme Court of Alabama · 1880
- Burkham v. MastinSupreme Court of Alabama · 1875
- Robinson v. BullockSupreme Court of Alabama · 1880
- Baltimore Cemetery Co. v. CoburnCourt of Appeals of Maryland · 1854
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3Cited by29 opinions
- Hoodless v. JerniganSupreme Court of Florida · 1903
- Shriner v. CraftSupreme Court of Alabama · 1910
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Foster & Creighton Co. v. BoxSupreme Court of Alabama · 1953
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