Hutchison & Wilson v. Powell
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the-Hon. Jesse M. Carmichael. This is an action brought by the appellee Daniel Powell,, against the appellants, and was commenced by attachment. All the facts, rulings of the court, and judgment rendered, are sufficiently set forth in the opinion. cited McCoy v. Watson, 5.1 Ala. 466; 61 Ala. 387; Haralson v. Campbell, 63 Ala. 278; McÁbee v. Parker, 78 Ala. 573; 82 Ala. 294.
1Opinion of the Court
WALKER,, J.
This is a suit on a promissory note and was commenced by attachment against Hutchison & Wilson, a firm or partnership composed oí J. M. Hutchison & J. R. Wilson. The writ of attachment was levied on a lot of saw logs as the property of the defendants. At the return term of the writ the defendants appeared and, to the complaint filed, pleaded in short by consent, 1st, Payment; 2nd, Set off; 3rd, Recoupment; 4th, Want of consideration; 5th, Failure of con*620sideration. The judgment, however, was by nil elicit, the •entry reciting, “Come the parties by their attorneys and defendants say…
2Cases cited7 opinions
- Dougherty v. ColquittSupreme Court of Alabama · 1841
- Home Protection v. Caldwell Bros.Supreme Court of Alabama · 1888
- McCollom v. HoganSupreme Court of Alabama · 1840
- Fears v. ThompsonSupreme Court of Alabama · 1886
- Beadle v. DavidsonSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ex Parte DriverSupreme Court of Alabama · 1952
- Carothers v. CallahanSupreme Court of Alabama · 1922
- McCord v. Harrison StringerSupreme Court of Alabama · 1922
- Lokey v. WardSupreme Court of Alabama · 1934
- Brandon v. Leeds State BankSupreme Court of Alabama · 1914
11 more not listed; retrieve them via the Exa API.