Pappot v. Howard
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by G. W. Pappot against Mrs. Lute Howard. From a judgment for defendant, plaintiff appeals. Action on the common counts and for breach of contract. The first four counts were on the common counts. The others, six in number, were for breach of a contract and to enforce a materialman’s lien. There were a number of pleas and demurrers filed and passed on by the court, not necessary to be here set out.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by G. W. Pappot against Mrs. Lute Howard. From a judgment for defendant, plaintiff appeals. Action on the common counts and for breach of contract. The first four counts were on the common counts. The others, six in number, were for breach of a contract and to enforce a materialman’s lien. There were a number of pleas and demurrers filed and passed on by the court, not necessary to be here set out. A trial by jury was waived, and a request made for a special finding of the facts. It seems that on the trial of the…
1Opinion of the CourtAnderson, J.
Section 3320 of the Code of 1896 provides, when a special finding is requested, that “the-court must state in writing the facts, as it finds them, and such statement, with the judgment of the court, must be entered on the minutes.” The law does not require or contemplate that the special finding shall be si*310multaneous with the rendition of the judgment. It is sufficient if the facts are found and made a part of the record any time before the judgment becomes final, either by adjournment of the court or the operation of the statute, making judgments final before adjournment. The act of…
2Cases cited5 opinions
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
- Martin v. MassieSupreme Court of Alabama · 1900
- Andrews v. HallSupreme Court of Alabama · 1902
- Cross v. EsslingerSupreme Court of Alabama · 1901
- Myers v. Conway & Co.Supreme Court of Alabama · 1890
3Cited by9 opinions
- Gorum v. SamuelSupreme Court of Alabama · 1963
- Johnson v. BryarsSupreme Court of Alabama · 1956
- State v. PooleMontana Supreme Court · 1923
- Vines v. BuckSupreme Court of Alabama · 1922
- Smith v. KennedySupreme Court of Alabama · 1926
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