Wilkinson v. Black
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by Francis M. Black against W. W. Wilkinson for the recovery of damages alleged to have been sustained by the plaintiff, by reason of his wrongful discharge from the service of the defendant, and was commenced October 7th, 1884. The contract under which plaintiff claims is in the following words : “This agreement entered into between F. M. Black and W. W. Wilkinson, witnesseth, that…
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Appeal from Butler Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by Francis M. Black against W. W. Wilkinson for the recovery of damages alleged to have been sustained by the plaintiff, by reason of his wrongful discharge from the service of the defendant, and was commenced October 7th, 1884. The contract under which plaintiff claims is in the following words : “This agreement entered into between F. M. Black and W. W. Wilkinson, witnesseth, that F. M. Black, of the first part, agrees to attend to all the business, such as collections, &c., that may be placed in…
1Opinion of the CourtSomerville, J.
The several suits were properly consolidated, under the provisions of section 3024 of the present Code. They were all pending at the same time, between the same parties, in the same court, and were of such a nature as that they could have been joined. Each was an action ex contractu^ having been brought on an agreement for the payment of money. — Code, 1876, § 2986. No one of these actions, moreover, recognizes the contract of service between the plaintiff and defendant as rescinded, or abandoned on the part of the plaintiff, but rather as a subsisting contract-of which the defendant has been…
2Cases cited8 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Shannon v. ComstockNew York Supreme Court · 1839
- Everson v. . PowersNew York Court of Appeals · 1882
- Fowler v. ArmourSupreme Court of Alabama · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Ex Parte AshtonSupreme Court of Alabama · 1936
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- Brotherhood of Railroad Trainmen v. BarnhillSupreme Court of Alabama · 1926
21 more not listed; retrieve them via the Exa API.