Baumhauer v. Mobile Electrical Supply Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by the Mobile Electrical Supply Company against Jacob HI. Baumhauer. From a judgment for plaintiff, defendant appeals. The action was for work and labor done on a building of defendant for the price of wiring, put in under a contract.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by the Mobile Electrical Supply Company against Jacob HI. Baumhauer. From a judgment for plaintiff, defendant appeals. The action was for work and labor done on a building of defendant for the price of wiring, put in under a contract. The answer of the witness S conyers, noted in assignment 2, is as follows: “Well, I have completed what we contracted for in the electrical business, roughing in; that was work put in ahead of the finished walls of the building.” The recitals of the bill of exceptions as to the…
1Opinion of the CourtMcCLELLAN, J.
The motion to strike the bill of exceptions because violative of rule 32 (Civ. Code, p. 1526) is overruled. The construction of the bill is close *441upon the border line of a violation of the rule, in the particular that questions and answers, not the subjects of objections and exceptions, are often set out, verbatim, in the bill. The bill is not framed in strict accord Avith the requirements of the rule, but the departure from these requirements is not so flagrant as to lead to the imposition of any of the penalties of the rule.
The cause of action is set forth in common counts. The plaintiff…
2Cases cited1 opinion
- Davis v. Simpson Coal Co.Supreme Court of Alabama · 1909
3Cited by1 opinion
- Sturdivant v. CrawfordSupreme Court of Alabama · 1940