Stewart v. Sample
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas. W. Wert. Action by B. H. Sample against W. H. Drinkhard upon an accepted order drawn by the tax assessor assigning his commissions as such, in which S. E. Stewart as administrator of the tax assessor was brought in and substituted as a defendant by statutory interpleader. Judgment for plaintiff and the substituted defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas. W. Wert. Action by B. H. Sample against W. H. Drinkhard upon an accepted order drawn by the tax assessor assigning his commissions as such, in which S. E. Stewart as administrator of the tax assessor was brought in and substituted as a defendant by statutory interpleader. Judgment for plaintiff and the substituted defendant appeals. The object and purpose of section 6050, Code 1907, is to-provide a cheap and expeditious means by which inter-pleader could be had at law, the statute is governed by the same equitable principles…
1Opinion of the CourtSimpson, J.
The suit was brought by the appellee against W. H. Drinkard. The basis of the various counts of the complaint was an order from C. G. Harris (appellant’s intestate), who was tax assessor, dated January 5, 1906, on said Drinkard, who was tax collector, requesting him to pay plaintiff $575, in which order it was stated “The intention is for you to pay this note cut of the first money collected of mine,” and said Drinkard wrote thereon, “Jan. 16, 1906, I agree to pay this as directed,” signing his name. The complaint alleges that said C. G. Harris was tax assessor of Morgan county, and had made…
2Cases cited8 opinions
- Schloss v. HewlettSupreme Court of Alabama · 1886
- Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Holt v. ThurmanCourt of Appeals of Kentucky · 1901
- Johnson v. MaxeySupreme Court of Alabama · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1924
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Hamilton v. EdmundsonSupreme Court of Alabama · 1937
- Finn v. Missouri State Life Ins. Co.Supreme Court of Alabama · 1931
- Marsh v. Mutual Life Ins. Co.Supreme Court of Alabama · 1917
18 more not listed; retrieve them via the Exa API.