Hackett v. Cash
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by Thomas L. Hackett against Will Cash. From a judgment for defendant on his plea of recoupment, plaintiff appeals. Plaintiff sought to recover on 14 promissory notes.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by Thomas L. Hackett against Will Cash. From a judgment for defendant on his plea of recoupment, plaintiff appeals. Plaintiff sought to recover on 14 promissory notes. The defendant set up that he bought a house and lot from Mr. Hackett, the purchase price being $2,200, including a $1,600 mortgage which was assumed by Cash in the purchase, the defendant paying $100 in cash, and agreeing to pay $30 per month, for which he executed the notes and mortgages sued on; that at the time of the transaction Hackett sold Cash…
1Opinion of the CourtAnderson, C. J.
(1, 2) Whether or not the act of. 1915 (page 824) regulating appeals from the judgments of the court without a jury applies to this case, which was tried before the statute was enacted, we need not decide, for the reason that it wrought no change from the present practice of the city court of Montgomery as to the weight to be accorded the finding of the trial court upon the facts, and which, with many other similar statutes, has been construed to mean that it can only apply where the opportunities of this court to consider the evidence is the same as the trial court, that is, when the…
2Cases cited3 opinions
- Thompson v. CollierSupreme Court of Alabama · 1911
- Baker v. Monumental Savings & Loan Ass'nWest Virginia Supreme Court · 1905
- Copeland v. Phœnix InsuranceSupreme Court of Alabama · 1893
3Cited by152 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Andrews v. GreySupreme Court of Alabama · 1917
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Ex Parte FosheeSupreme Court of Alabama · 1945
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