Munter & Faber v. Rogers
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. M. J. Saeeold. This action was brought by Mills Rogers, against Munter & Faber, and was commenced in tbe 25tb September, 1868. The complaint was in the following words : — “ The plaintiff claims of the defendants the sum of twenty-five thousand dollars, as damages, for that whereas, heretofore, on the 14th day of August, 1866, at (viz.) in the county of Montgomery, State of Alabama, the plaintiff sold and…
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. M. J. Saeeold. This action was brought by Mills Rogers, against Munter & Faber, and was commenced in tbe 25tb September, 1868. The complaint was in the following words : — “ The plaintiff claims of the defendants the sum of twenty-five thousand dollars, as damages, for that whereas, heretofore, on the 14th day of August, 1866, at (viz.) in the county of Montgomery, State of Alabama, the plaintiff sold and delivered to the defendants, at their special instance and request, sixty-three bales of cotton, weighing thirty-five…
1Opinion of the CourtPetees, C. J.
The suit in this action was commenced on the 25th day of September, in the year 1868, and the judgment was rendered on the 26th day of December, in 1871. It is founded on the verdict of a jury, and is for the sum of 15,000, to be paid “ in gold,” and for costs. From this, the defendants below appeal to this court; and here, among other errors, they assign the refusal of the court below to sustain their demurrer to the complaint. This complaint contains but one count, or statement of the cause of action. It is in the following words. [See the foregoing statement of facts.]
The defendants’…
2Cases cited11 opinions
- Knox v. LeeSupreme Court of the United States · 1871
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Lowremore v. BerrySupreme Court of Alabama · 1851
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3Cited by8 opinions
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Merrill v. Sheffield Co.Supreme Court of Alabama · 1910
- First Nat. Bank of Montgomery v. Montgomery Cotton Mfg. Co.Supreme Court of Alabama · 1924
- Boatright v. FennellSupreme Court of Alabama · 1925
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