Shannon v. Mower
Supreme Court of Alabama
Appeal from. Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by J. S. Shannon against Calvin R. Mower. Judgment for plaintiff granting insufficient relief, which judgment and costs were paid by defendant under circumstances set forth in the opinion, and plaintiff appeals. Counsel discusses the merits of the appeal with citations of authority, but in view of the opinion, it is not deemed necessary to here set it out.
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Appeal from. Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by J. S. Shannon against Calvin R. Mower. Judgment for plaintiff granting insufficient relief, which judgment and costs were paid by defendant under circumstances set forth in the opinion, and plaintiff appeals. Counsel discusses the merits of the appeal with citations of authority, but in view of the opinion, it is not deemed necessary to here set it out. Counsel insists that the motion to dis-. miss the appeal should not be granted, as there was no coercion, and anything less than a coercion of payment or the…
1Opinion of the Court
SAYRE, J. —
Plaintiff in tbe court below recovered judgment, but, being dissatisfied with tbe damages awarded, bas taken tbis appeal. Appellee moves to dismiss tbe appeal, on tbe ground of facts to be stated; and our judgment is that tbe motion should be granted.
It appears without dispute that, shortly after appellant’s motion for a new trial bad been overruled by tbe trial court, bis attorney of record met one of tbe attorneys for appellee on a street car — as good a place as any —and there informed him that no appeal would be taken, and requested that appellee’s attorney have bis client to…
2Cases cited7 opinions
- Bradford v. BushSupreme Court of Alabama · 1846
- Hall v. HrabrowskiSupreme Court of Alabama · 1846
- Knox's Distributees v. SteeleSupreme Court of Alabama · 1851
- Phillips v. TowlesSupreme Court of Alabama · 1882
- Whetstone v. McQueenSupreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McWilliams v. McWilliamsSupreme Court of Alabama · 1927
- Todd v. MooreSupreme Court of Alabama · 1921
- Elmore v. CunninghameSupreme Court of Alabama · 1922
- Rice v. State Farm Fire and Casualty Co.Supreme Court of Alabama · 1991
- Reeb v. MurphySupreme Court of Alabama · 1985
2 more not listed; retrieve them via the Exa API.