Talladega Insurance v. Landers
Supreme Court of Alabama
Appeal from Circuit Court of Talladega. Tried before the Hon. John Henderson. The facts of the case appear sufficiently in the opinion.
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Appeal from Circuit Court of Talladega. Tried before the Hon. John Henderson. The facts of the case appear sufficiently in the opinion. The court erred in refusing to allow the supposed appearance of Walden & Bowie to be withdrawn; the evidence shows that it was not made by either of the firm, but by the presiding judge at the fall term of 1867. It is not the business of the judge to enter appearances, and the appearance, so called, in this case, seems, from the evidence, to have! been made by mistake, as the counsel did not authorize it. And it is not such appearance as dispenses with…
1Opinion of the CourtPeck, C. J.
The appellee commenced his suit, in the circuit court of Talladega county, in the nature of an action of assumpsit, founded upon a certificate of deposit, in the words and figures following:
“ 313 00. Talladega Insurance Company, Talladega, Alabama, February 22d, 1861. Mr. J. B. M. Landers has deposited in this office, in gold coin, three hundred and thrteen dollars, to the credit of himself, payable on the return of this certificate, properly indorsed. James G. L. Huey, Secretary. No. 1417.”
The complaint contains two counts on this certificate, and a common count, for money had and received.…
2Cases cited2 opinions
- McLendon v. JonesSupreme Court of Alabama · 1845
- Adkinson v. KeelSupreme Court of Alabama · 1854
3Cited by10 opinions
- State v. BickfordNorth Dakota Supreme Court · 1913
- Frame v. PlumbWisconsin Supreme Court · 1909
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Talladega Insurance v. PeacockSupreme Court of Alabama · 1880
- Fidelity Savings & Loan Ass'n v. RodgersCalifornia Supreme Court · 1919
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