Davis v. Badders & Britt
Supreme Court of Alabama
Appeal from tbe City Court of Anniston. Tried before T. B. Matthews, Esq., as special judge. Tliis action was brought by Badders & Britt, suing as partners, against "W. A. Davis and wife, and was commenced on tbe 6th July, 1888. Tbe original complaint contained a single count, claiming $560 for work and labor done and materials furnished by plaintiffs in building a bouse for defendants, and asserting a statutory lien on the property for tbe amount due.
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Appeal from tbe City Court of Anniston. Tried before T. B. Matthews, Esq., as special judge. Tliis action was brought by Badders & Britt, suing as partners, against "W. A. Davis and wife, and was commenced on tbe 6th July, 1888. Tbe original complaint contained a single count, claiming $560 for work and labor done and materials furnished by plaintiffs in building a bouse for defendants, and asserting a statutory lien on the property for tbe amount due. At tbe August term, 1888, an order was entered submitting tbe cause to arbitration; and an appeal was taken to this court from tbe proceedings…
1Opinion of the CourtClopton, J.
On August 24, 1888, the Circuit Court, in which the suit was originally instituted, made the following entry : “Came the parties by attorneys, and by agreement this cause is submitted to the arbitration of M. J. Miller and J. B. Goodwin, and they to call in a third man, whose award, when made according to law, to be made the judgment of this court in this case.” When the case was called for trial in the City Court, to which it had been transferred under the statute, at the January term, 1891, defendants moved to refer it to the arbitrators under the order of the Circuit Court. The motion was…
2Cases cited14 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
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3Cited by28 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Russell v. BushSupreme Court of Alabama · 1916
- Smith v. SharpeSupreme Court of Alabama · 1909
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
23 more not listed; retrieve them via the Exa API.