McAllister-Coman Co. v. Matthews
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Richardson. Assumpsit by McAllister-Coman Company against Charles J. Mathews and others. From a judgment for defendants, plaintiff; appeals.
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Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Richardson. Assumpsit by McAllister-Coman Company against Charles J. Mathews and others. From a judgment for defendants, plaintiff; appeals. The fourth plea, as amended, is as follows: “The defendants say that the alleged debt, the foundation of this suit, is based upon an account which was for a lot of jewelry, and as a part of the contract the plaintiff agreed to furnish the defendants a showcase, said contract being in writing, and same being set out in the fourth count of the amended complaint; and, replying upon such, the…
1Opinion of the CourtMayfield, J.
The only errors assigned are to the overruling of demurrers to pleas 3 and 4 as last amended. We cannot review the overruling of the demurrer to plea 3 as last amended, for the reason that the plea as last amended does not appear of record. By the judgment entry it is made to appear that demurrer was sustained to the plea as it here appears of record. The judgment entry shows that the plea was subsequently amended, and that the demurrer was thereafter overruled ; hut this last amendment is not shown, nor is the plea set out as last amended. So we cannot review this last ruling on plea 3.
*364Plea.…
2Cases cited2 opinions
- McAllister-Coman Co. v. MatthewsSupreme Court of Alabama · 1907
- Walker v. WinnSupreme Court of Alabama · 1907
3Cited by19 opinions
- White v. MasseeSupreme Court of Iowa · 1927
- Mintle v. SylvesterSupreme Court of Iowa · 1926
- Draughon's Business College v. BattlesAlabama Court of Appeals · 1951
- Reliance Life Insurance Co. v. ThayerSupreme Court of Oklahoma · 1921
- Union Central Life Ins. Co. v. GuffinSupreme Court of Alabama · 1936
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