Kitchens v. Mann
Alabama Court of Appeals
Appeal from Circuit Court, Olay County; Marion H. Sims, Judge. Action by A. P. Mann against W. A. Kitchens in assumpsit and on account. From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Olay County; Marion H. Sims, Judge. Action by A. P. Mann against W. A. Kitchens in assumpsit and on account. From a judgment for plaintiff, defendant appeals. The following are the assignments of error referred to in the opinion: (23) The lower court erred in overruling defendant’s objection to the following question to the witness J. W. Stewart: “Have you got that with you (referring to a memorandum made by the witness)?” (24) Witness’ answer: “I think I have got it.” (25) Overruling defendant’s objection to the following question to Perry Wright: “Let us see what…
1Opinion of the CourtSamford, J.
[1] The plaintiff, a warehouseman, claims of the defendant an account for storage of cotton. The cause was tried in the court below on the plea of the general issue, jn short, etc. Under this plea the defendant sought to show a violation of section 7S59 of the Code of 1907; that the plaintiff gave false weights on the receipts issued from his warehouse, and that defendant purchased cotton, evidenced by these receipts, and was thereby damaged to the extent of the shortage in weight; that the plaintiff pulled1 cotton out of the bales of cotton.belonging to the defendant in amounts above the…
2Cases cited10 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Athey v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1915
- McCray v. SharpeSupreme Court of Alabama · 1914
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wheelock Bros. v. Bankers Warehouse Co.Supreme Court of Colorado · 1946
- S/M Industries v. Hapag-Lloyd A.G.Supreme Court of Alabama · 1991