Adams v. Bibby
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpb. Action by William Bibby and others against John H. Adams and others. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. The action is stated on the common counts, and on breach of a contract, which is set out.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpb. Action by William Bibby and others against John H. Adams and others. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. The action is stated on the common counts, and on breach of a contract, which is set out. The judgment, after setting out rulings on demurrers, concludes as follows : It is ordered and adjudged by the court that the plaintiff have and recover of defendant $920, that being the amount of their debt and damage as ascertained and assessed by…
1Opinion of the Court
ANDERSON, C. J.—(1) It is no doubt the rule that it is essential to a valid judgment that it should desig*654nate the parties for and against whom it is given, yet when in the body of the judgment it is in favor of the plaintiff or plaintiffs and against the defendant or defendants in general terms, the parties in whose favor and against whom, respectively, it is rendered, are to be ascertained, not alone by looking to the memorandum at the head entry, but also to the pleadings and the process, with the return thereon, which indicate who' are before the court as plaintiffs and defendants, and in…
2Cases cited8 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Gilley v. DenmanSupreme Court of Alabama · 1913
- Blackman v. Moore-Handley Hardware Co.Supreme Court of Alabama · 1894
- Davis v. Vandiver & Co.Supreme Court of Alabama · 1909
- Lillich v. MooreSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Chavers v. MayoSupreme Court of Alabama · 1918
- Elliott v. McCraneySupreme Court of Alabama · 1935
- Maddox v. JohnsonSupreme Court of Alabama · 1925
- Boman v. BelyeuSupreme Court of Alabama · 1951
1 more not listed; retrieve them via the Exa API.