Montgomery County v. Pruett
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William: H. Thomas. Action by O. J. Pruett against the County of Montgomery. Judgment for plaintiff and defendant appeals. The demurrer was general, and hence, was improperly sustained. — Cowan p.
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Appeal from Montgomery City Court. Heard before Hon. William: H. Thomas. Action by O. J. Pruett against the County of Montgomery. Judgment for plaintiff and defendant appeals. The demurrer was general, and hence, was improperly sustained. — Cowan p. Motley, 125 Ala. 371; Sledge v. Swift, 53 Ala. 110. The plea was good and the demurrer improperly sustained. — K. C. M. & B. v. Burton, 37 South.'240; 'Bnell v. Derricot, 49 South; 895; Milligan v. Pollard, 112 Ala. 465; Prior v. Beck, 21 Ala. 393. The agreement to furnish evidence that there was nothing owing .to materialmen, contractors or other…
1Opinion of the CourtSomerville, J.
O. J. Pruett sued the county of Montgomery in the. city court; the original complaint *393containing seven counts.' Count 1 is on account stated; counts 2 and 6 for work and labor done, and materials furnished; counts 3 and 5 and 7 on accounts due December 1, ' 1908; and' count 4 claims damages for breach of a contract by which plaintiff was to do certain Avork and furnish certain materials in the construction of three public county roads. It sets forth the specifications, avers full performance by plaintiff, and alleges deféndant’s failure to pay plaintiff therefor.
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2Cases cited25 opinions
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Western Ry. v. RussellSupreme Court of Alabama · 1905
20 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sluder v. City of San AntonioTexas Commission of Appeals · 1928
- Board of Education of Marshall County v. BaughSupreme Court of Alabama · 1941
- Russell v. BushSupreme Court of Alabama · 1916
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Strain v. IrwinSupreme Court of Alabama · 1915
19 more not listed; retrieve them via the Exa API.