Mann v. Darden
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hou. H. P. Meeritt, Special Judge. Action by T. J. Mann against John A. Darden and others, to recover the value of a horse alleged to have been obtained by fraud and deceit. Judgment for defendants and plaintiff appeals.
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Appeal from Coosa Circuit Court. Heard before Hou. H. P. Meeritt, Special Judge. Action by T. J. Mann against John A. Darden and others, to recover the value of a horse alleged to have been obtained by fraud and deceit. Judgment for defendants and plaintiff appeals. Fraud is sought to be established, and great latitude should have been allowed in cross examining the party charged with the fraud. — Nelms v. Steiner Bros., 113 Ala. 562; Darden v. Mann, 163 Ala. 297. In support of the contention that- the acts of Merritt as special judge were abortive because at the time he held the office of…
1Opinion of the CourtAnderson, J.
The record in this case, as certified by the clerk, shows that the term of court at which this case was tried was presided over by Hon. H. P. Merritt, “special judge duly and legally appointed to hold this the spring term, 1910.” Section 160 of the Constitution of 1901 authorizes the Legislature to make provision for the appointment of special judges in certain instances and the statute (sections 3267, 3268) makes provision for the appointment of said judges by the Governor. We will therefore presume, in the absence of an appropriate plea and proof to the contrary, that the said Merritt was…
2Cases cited4 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
- Roberts v. StateSupreme Court of Alabama · 1899
- Darden v. MannSupreme Court of Alabama · 1909
3Cited by17 opinions
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Wilkey v. State Ex Rel. SmithSupreme Court of Alabama · 1943
- Board of Education of Escambia County v. WattsAlabama Court of Appeals · 1922
- State Ex Rel. Camp v. HerzbergSupreme Court of Alabama · 1932
- General Accident, Fire & Life Assur. Corp. v. JordanSupreme Court of Alabama · 1935
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