Alexander v. Moore & Kornegay
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. C. K. Abraham, Special Judge. This action was brought by the appellees, Moore & Kornegay, against the appellants, J. I). A’exander and D. C. Alexander and A. D. Alexander, late partners, under the name and style of D. C. Alexander & Co. The complaint contained two counts, which were as follows: “1. Plaintiffs, who are successors to Moore & Kennedy,'claim of the defendants the sum of $357.62, due by account for…
Read the full summary
Appeal from the Circuit Court of Marengo. Tried before the Hon. C. K. Abraham, Special Judge. This action was brought by the appellees, Moore & Kornegay, against the appellants, J. I). A’exander and D. C. Alexander and A. D. Alexander, late partners, under the name and style of D. C. Alexander & Co. The complaint contained two counts, which were as follows: “1. Plaintiffs, who are successors to Moore & Kennedy,'claim of the defendants the sum of $357.62, due by account for goods, wares and merchandise, sold and delivered by Moore & Kennedy to defendants, on to-wit, March 24th, 1886, which…
1Opinion of the CourtHead, J.
The circuit court was authorized in its discretion to require the payment of the costs of the cause, as a condition upon which the continuance would be granted, and to stipulate that in default of such payment by the first day of the next term of the court, judgment by default would be rendered against the defendants; acceptance of the continuance was an assent to the terms upon which it was allowed. — Maund v. Loeb, 87 Ala. 374; Waller v. Sultzbacher, 38 Ala. 318.
Section 2773 of the Code authorizes the admission in ■evidence, under certain circumstances, of an itemized statement of the…
2Cases cited5 opinions
- Waller v. Sultzbacher & PaigeSupreme Court of Alabama · 1862
- Maund v. Loeb & BrotherSupreme Court of Alabama · 1888
- Lunsford v. ButlerSupreme Court of Alabama · 1893
- Enis v. HarrisSupreme Court of Alabama · 1893
- Gainer & Co. v. Pollock & Co.Supreme Court of Alabama · 1893
3Cited by2 opinions
- Anniston Soil Pipe Co. v. Central Foundry Co.Supreme Court of Alabama · 1963
- Jordan v. Rice-Stix Dry Goods Co.Alabama Court of Appeals · 1947