Stanton v. Baird Lumber Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anueksqn. This was an action by the appellant against the appellee. The counts of the complaint, and the one upon which the. trial ivas had, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anueksqn. This was an action by the appellant against the appellee. The counts of the complaint, and the one upon which the. trial ivas had, are sufficiently stated in the opinion. The only evidence offered as to the existence of the loan having been made by Fullerton, the alleged transferror of the plaintiff, was the testimony of said Fullerton who was the stockholder in the defendant corporation, and one Baird, who was the treasurer of said corporation. These declarations were admitted in evidence against the…
1Opinion of the CourtDowdell, J.
— The complaint contained four counts, but no effort was made by the plaintiff to prove either of the last three. The only evidence *637offered was directed to the first count, which claimed for money loaned by Fullerton to the defendant and alleged to have been transferred to the plaintiff. The defendant offered no evidence, and upon the conclusion of the plaintiff’s evidence, on motion of the defendant, the court excluded all of the evidence, on account of which ruling the plaintiff was forced to make a non-suit.
There is hut one assignment of error and that goes to the. action of the court in…
2Cases cited1 opinion
- Garner v. Hall & FarleySupreme Court of Alabama · 1898
3Cited by4 opinions
- Ex Parte Alabama Great Southern R. Co.Supreme Court of Alabama · 1920
- Corsbie v. PooreAlabama Court of Appeals · 1940
- Western Newspaper Union v. JudsonAlabama Court of Appeals · 1911
- Western Union Telegraph Co. v. WinfreeAlabama Court of Appeals · 1950