McConnell v. Worns
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellee, Ed. C. Worns, doing business under the firm name of E. C. Worns & Co., against the appellant, H. L. McConnell, and Stoner & Co. ; and sought to recover for labor performed and materials furnished in the erection of a house owned by saidH. L. McConnell, and to fasten a mechanic’s and material-man’s lien upon the said house and lot.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellee, Ed. C. Worns, doing business under the firm name of E. C. Worns & Co., against the appellant, H. L. McConnell, and Stoner & Co. ; and sought to recover for labor performed and materials furnished in the erection of a house owned by saidH. L. McConnell, and to fasten a mechanic’s and material-man’s lien upon the said house and lot. The suit was originally commenced in the court of a justice of the peace, and as styled in the complaint the suit was against “H. L. McConnell,…
1Opinion of the CourtHaralson, J.
1. There was no error in sustaining a demurrer to defendant’s plea in abatement. When the appeal was taken to the city court, the judgment before the justice was vacated, and ceased to have any force or effect, either as an estoppel, or as matter of evidence. The only defenses that court could regard were §pch as *592went to the merits of the case; to be tried de novo, as if it had originated in that court, in the first instance. — Code, § 3405; Lehman v. Hudmon, 79 Ala. 532; Littleton v. Clayton, 77 Ala. 571; Abraham v. Alford, 64 Ala. 281.
2. The statute provides, that “the complaint * * shall…
2Cases cited4 opinions
- Abraham v. AlfordSupreme Court of Alabama · 1879
- Littleton v. ClaytonSupreme Court of Alabama · 1884
- Lehman, Durr & Co. v. Hudmon Bros.Supreme Court of Alabama · 1885
- Myers v. ByarsSupreme Court of Alabama · 1892
3Cited by8 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- McCarver v. Doe ex dem. HerzbergSupreme Court of Alabama · 1902
- Slaughter v. MartinAlabama Court of Appeals · 1913
- Dixie Lumber Co. v. YoungSupreme Court of Alabama · 1919
- Brown v. OldhamSupreme Court of Alabama · 1955
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