Jackson v. Robinson
Supreme Court of Alabama
Action on Common Counts. Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by W. A. Jackson against James O. Bobinson, and was commenced in a justice’s court on November 21st, 1888. The cause of action does not appear on the summons issued by the justice, as copied in the record ; but, in the transcript sent up by him to the Circuit Court, he states that the action was “in a matter of debt by open account for $80.96, with…
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Action on Common Counts. Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by W. A. Jackson against James O. Bobinson, and was commenced in a justice’s court on November 21st, 1888. The cause of action does not appear on the summons issued by the justice, as copied in the record ; but, in the transcript sent up by him to the Circuit Court, he states that the action was “in a matter of debt by open account for $80.96, with interest from the 16th November, 1888and the transcript further states that the defendant confessed judgment for that…
1Opinion of the CourtStone, C. J.
— There was a cross demand set up in this case by pleas of set-off and recoupment. The jury by their verdict found and certified a balance in favor of the-defendant, and h.e had judgment for such balance. The plaintiff below is the appellant here. The defense set up by Robinson was, that he had timber sawn into lumber at the mill of Jackson, the plaintiff, at a specified rate per thousand feet, and that the sawing was done so negligently and unskillfully as to damage him to the extent he claimed a set-off. This was the issue before the jury, raised by the testimony.
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2Cases cited4 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Harsh, McLean & Hardison v. HeflinSupreme Court of Alabama · 1884
3Cited by8 opinions
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Steed v. KnowlesSupreme Court of Alabama · 1892
- Billingsley v. StateSupreme Court of Alabama · 1892
- Roden v. StateAlabama Court of Appeals · 1912
- Johnston Bros. v. BrentleyAlabama Court of Appeals · 1911
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