Allen v. Harper
Supreme Court of Alabama
Appeal from the Circuit Court of Pony. Tried before the Hon. Thomas A. Walker. This action (Benjamin Q. Harper v. William Allen) was commenced before a justice of the peace, whose summons describes the action as “ a plea of debt under fifty dollars due by account,” The justice rendered judgment for the plaintiff, from which the defendant appealed to the Circuit Court.— The record does not show that the plaintiff there filed any statement, or complaint; bnt the judgment entry…
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Appeal from the Circuit Court of Pony. Tried before the Hon. Thomas A. Walker. This action (Benjamin Q. Harper v. William Allen) was commenced before a justice of the peace, whose summons describes the action as “ a plea of debt under fifty dollars due by account,” The justice rendered judgment for the plaintiff, from which the defendant appealed to the Circuit Court.— The record does not show that the plaintiff there filed any statement, or complaint; bnt the judgment entry recites, that “the parties came by their attorneys, and thereupon, issue being joined, came a jury.'” Ac., who returned…
1Opinion of the CourtGoldthwaite, J.
—By the agreement made between the appellee and Lee, the former was to receive for his services “three-sixteenths of all the cotton made on the place”, &c.; and if the agreement had stopped there, it might have been doubtful whether Harper would have been entitled to any portion of the cotton seed. But it is rendered certain by the last clause, by which Lee agrees to gin the cotton for Harper free of expense. This shows that the cotton was to belong to the latter before it was ginned, and, as the ginning was free of charge, the seed would belong to the pwner of the cotton. The agreement being…
2Cases cited3 opinions
- Perminter v. KellySupreme Court of Alabama · 1851
- Bancroft v. StantonSupreme Court of Alabama · 1845
- Crow v. Boyd's AdministratorsSupreme Court of Alabama · 1849
3Cited by13 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Thomas v. BibbSupreme Court of Alabama · 1870
- Moore v. WalkerSupreme Court of Alabama · 1899
- Garrett v. SewellSupreme Court of Alabama · 1891
- Hill's Administrator v. NicholsSupreme Court of Alabama · 1874
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