Logan v. Adams Machine Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. S. H. Sprott. This 'was a statutory action of detinue brought by the appellee against the appellants, to recover certain pieces of machinery, together with the value of the hire and use during their detention. The defendants filed several special pleas, in which they set up the failure of consideration, and pleaded set off: and recoupment.
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Appeal from the Circuit Court of Pickens. Tried before the Hon. S. H. Sprott. This 'was a statutory action of detinue brought by the appellee against the appellants, to recover certain pieces of machinery, together with the value of the hire and use during their detention. The defendants filed several special pleas, in which they set up the failure of consideration, and pleaded set off: and recoupment. The record shows that the plaintiff moved to strike these several pleas from the file. The judgment entry recites that this motion of the plaintiff was granted. There is no bill of exceptions…
1Opinion of the CourtTyson, J.
There are a number of assignments of error upon the record, but all of them, except the last one, which is not insisted upon, are as to matters that should have been presented by bill of exceptions. Indeed the only ones that seem to be insisted on in brief of counsel for appellant are those involved in the action of the court in striking pleas 3-, 4 and 5 upon motion of plaintiff. With no bill of exceptions in the record the rulings of the court in this respect cannot be reviewed. Holley v. Coffee, 123 Ala. 406; Central of Ga. Ry. Co. v. Joseph, 125 Ala. 313; Cottingham v. Greely-Barnham…
2Cases cited4 opinions
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Randall v. WadsworthSupreme Court of Alabama · 1900
- Cottingham v. Greely Barnham Grocery Co.Supreme Court of Alabama · 1900
- Holley v. CoffeeSupreme Court of Alabama · 1898
3Cited by2 opinions
- Seaboard Air Line Ry. v. HubbardSupreme Court of Alabama · 1904
- Lynn v. BeanSupreme Court of Alabama · 1904