Avery's Executors v. Avery
Supreme Court of Alabama
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
- O'Neal v. ReynoldsSupreme Court of Alabama · 1868
- Batre v. SimpsonSupreme Court of Alabama · 1842
- Grant v. Cole & Co.Supreme Court of Alabama · 1845
- Turnipseed v. GoodwinSupreme Court of Alabama · 1846
- Clemens v. PattonSupreme Court of Alabama · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Elliott v. DyckeSupreme Court of Alabama · 1884
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Cummings v. Pennsylvania Fire InsuranceSupreme Court of Iowa · 1912
- Sharp v. BlantonSupreme Court of Alabama · 1915
3 more not listed; retrieve them via the Exa API.