Legal Opinion

Avery's Executors v. Avery

Supreme Court of Alabama

Decided January 15, 1873PublishedCited by 8 opinions

Appeal from the Circuit Court of Hale. Tried before tbe Hon. M; J. Saeeold.

1Opinion of the CourtPeters, J.

— In this cause PI. W. Avery sues the executors of Bryant Avery, deceased, in an action of assumpsit. The complaint contains five counts. There is one upon a due bill; two upon accounts for goods and chattels had and received of plaintiff bjr defendants’ testator; and two on small accounts, for $25.00, and for $27.25. The defendants’ pleas deny these debts, and insist upon an offset for $400.00. There was a trial by a jury, and a verdict and judgment for the plaintiff for $752.24. On the trial, the defendants took several exceptions, which are properly reserved by a bill of exceptions. From…

2Cases cited6 opinions

  1. O'Neal v. ReynoldsSupreme Court of Alabama · 1868
  2. Batre v. SimpsonSupreme Court of Alabama · 1842
  3. Grant v. Cole & Co.Supreme Court of Alabama · 1845
  4. Turnipseed v. GoodwinSupreme Court of Alabama · 1846
  5. Clemens v. PattonSupreme Court of Alabama · 1839

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3Cited by8 opinions

  1. Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
  2. Elliott v. DyckeSupreme Court of Alabama · 1884
  3. Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
  4. Cummings v. Pennsylvania Fire InsuranceSupreme Court of Iowa · 1912
  5. Sharp v. BlantonSupreme Court of Alabama · 1915

3 more not listed; retrieve them via the Exa API.

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