Murray & Peppers v. Dickens
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Murray & Peppers against Charles C. Dickens. From a judgment for defendant, plaintiffs appeal. — The book was a book of 'original entry in contemplation of law. — Post r. Kennelson, 52 L. K, A: 577; Tilldns v. Baker, 6 Lans. 516; PcdJish v. Bctuerlee, 38 Am. Rep. 87; Jeffries v. Urmy, 3 Houst. G53; Curtis v. Bradley, 38 L. R. A. 144; Bolling v. Fannin,, 97 Ala.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Murray & Peppers against Charles C. Dickens. From a judgment for defendant, plaintiffs appeal. — The book was a book of 'original entry in contemplation of law. — Post r. Kennelson, 52 L. K, A: 577; Tilldns v. Baker, 6 Lans. 516; PcdJish v. Bctuerlee, 38 Am. Rep. 87; Jeffries v. Urmy, 3 Houst. G53; Curtis v. Bradley, 38 L. R. A. 144; Bolling v. Fannin,, 97 Ala. G19; Alabama Construction Go. v. Wagnon Bros., 137 Ala. 389. For further discussion of the subject of the, admissibility of the entries, see 102 N. Y. 572;…
1Opinion of the Court
SIMPSON, J. —
This was an action by the appellants (plaintiffs) against appellee (defendant) on the common counts, to wit: (1) Open account; (2) account stated; (3) work and labor done; (4) merchandise, goods, etc., sold; (5) money paid for defendant; (G) money received by defendant for the use of plaintiffs. And the pleas were the general issue and payment. The matter for which plaintiffs claimed that defendant owed them the amount sued for was for the use of a “steam hoister,” which it is claimed did service for defendant under an agreement by which he -was to pay $10 per day.
A witness for…
2Cases cited11 opinions
- Curtis v. BradleySupreme Court of Connecticut · 1894
- Miller v. ShayMassachusetts Supreme Judicial Court · 1887
- Stoudenmire v. Harper Bros.Supreme Court of Alabama · 1886
- Hoover v. GehrSupreme Court of Pennsylvania · 1869
- Horton v. Miller & Bro.Supreme Court of Alabama · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
- Floyd v. PughSupreme Court of Alabama · 1917
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Moundville Lumber Co. v. WarrenSupreme Court of Alabama · 1919
8 more not listed; retrieve them via the Exa API.