Legal Opinion

Tuskaloosa Cotton-Seed Oil Co. v. Perry

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 22 opinions

Appeal from the Circuit Court of Tuskaloosa. Tried before tbe Hon. Sam. H. Sprott. Tbis action was brought by Mrs. Medora Perry, as administratrix of tbe estate of ber deceased busband, W. H. Perry, against tbe appellant, a domestic corporation organized under tbe general statutes of tbe State; and was commenced on tbe 9tb September, 1886. Tbe complaint contained tbe common counts, and a special count on a promissory note for $2,000, wbicb was dated at Nashville, Tennessee,…

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Appeal from the Circuit Court of Tuskaloosa. Tried before tbe Hon. Sam. H. Sprott. Tbis action was brought by Mrs. Medora Perry, as administratrix of tbe estate of ber deceased busband, W. H. Perry, against tbe appellant, a domestic corporation organized under tbe general statutes of tbe State; and was commenced on tbe 9tb September, 1886. Tbe complaint contained tbe common counts, and a special count on a promissory note for $2,000, wbicb was dated at Nashville, Tennessee, October 1st, 1885, payable ninety days after date, at tbe First National Bank of Nashville, to tbe order of W.- H.…

1Opinion of the CourtClopton, J.

There is no assignment of error, which requires us to consider the rulings of the court in respect to the admissibility in evidence of the declarations and promises of Caswell, the president of the defendant corporation. Unless it be want of jurisdiction of the subject-matter, which can not be waived by the parties, errors, though they may be apparent in the record, will not be regarded, if not assigned. — Lehman v. Meyer, 67 Ala. 396. The objection-to the documentary evidence is general and undefined, and, for this reason alone, could properly have been disregarded *165by tbe court. — Dreyer v.…

2Cases cited7 opinions

  1. Lehman v. MeyerSupreme Court of Alabama · 1880
  2. Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
  3. Dryer v. LewisSupreme Court of Alabama · 1877
  4. Talladega Insurance v. PeacockSupreme Court of Alabama · 1880
  5. Patrick v. PettySupreme Court of Alabama · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
  2. Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
  3. Hymes v. StateSupreme Court of Alabama · 1923
  4. Waldman v. North British & Mercantile InsuranceSupreme Court of Alabama · 1890
  5. Seymour & Co. v. FarquharSupreme Court of Alabama · 1890

17 more not listed; retrieve them via the Exa API.

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