Hamner v. Pounds
Supreme Court of Alabama
APPEAL from the Circuit Court of Tuskaloosa. Tried before the Hon. Wit. S. Mudd. In this suit Raleigh Pounds, the appellee, seeks to recover $1,500, and interest from the first of September, 1869, from Robert Hamner, and "Wm. S. Hamner, appellants, which money, it is alleged, was “paid out and. expended by the plaintiff for defendants, at their special instance and request, to the county of Tuskaloosa.” ¥m.
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APPEAL from the Circuit Court of Tuskaloosa. Tried before the Hon. Wit. S. Mudd. In this suit Raleigh Pounds, the appellee, seeks to recover $1,500, and interest from the first of September, 1869, from Robert Hamner, and "Wm. S. Hamner, appellants, which money, it is alleged, was “paid out and. expended by the plaintiff for defendants, at their special instance and request, to the county of Tuskaloosa.” ¥m. J. Hamner was tax collector of said county, it is alleged ; was indebted to said county in the sum aforesaid, and Robert Hamner and Raleigh Pounds were the sureties on his official bond;…
1Opinion of the CourtStone, J.
The fourth plea of defendants — appellants here — seeks to raise the question of res judicata, or former recovery. That plea avers that, in a former suit between these parties, Pounds pleaded in justification the existence of the identical debt which is the foundation of the present suit, and that the garnishment was legally sued out; that upon this plea issue was joined, “ and it became material and necessary, under the charge of the court upon said issue, for the jury to determine whether or not the said Hamners were indebted to the said Baleigh Pounds, as is now alleged in the complaint in…
2Cases cited5 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Thomason v. OdumSupreme Court of Alabama · 1857
- Strother's Adm'r. v. ButlerSupreme Court of Alabama · 1850
- Davidson v. ShipmanSupreme Court of Alabama · 1844
- Hopkinson v. SheltonSupreme Court of Alabama · 1861
3Cited by6 opinions
- City of Birmingham v. AndrewsSupreme Court of Alabama · 1931
- Jackson v. SmithSupreme Court of Alabama · 1883
- Central of Georgia Railway Co. v. GrossSupreme Court of Alabama · 1914
- Taylor v. SmithSupreme Court of Alabama · 1894
- Davis v. BedsoleSupreme Court of Alabama · 1881
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