Gay v. Cummings
| Decision Date | 09 May 1929 |
| Docket Number | 5 Div. 11. |
| Citation | 219 Ala. 324,122 So. 313 |
| Parties | A. J. GAY v. S. J. CUMMINGS. |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
Hooton & Moon, of Roanoke, for petitioner.
Vann & Parker, of Roanoke, opposed.
Petition of S. J. Gay for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Gay v. Cummings, 122 So. 313.
Writ denied.
To continue reading
Request your trial
3 cases
-
Alabama Power Co. v. Hussey
...entitles the defendant to a judgment as a matter of law. The truth of the plea, however, must be proved 'without dispute' (Gay v. Cummings, 23 Ala.App. 8, 122 So. 313, cert. den., 219 Ala. 324, 122 So. 313 (1929)), by 'uncontradicted proof of the facts averred' (Doss v. Wadsworth Red Ash Co......
- Birmingham Electric Co. v. Baker
-
Emergency Aid Life Ass'n v. Henderson
... ... general affirmative charge to find in his favor on the trial ... of the plea in abatement ... Instead, on the proof offered, judgment abating the suit, in ... accordance with the prayer of appellant's plea, should ... have been entered. Gay v. Cummings, 23 Ala.App. 8, ... 122 So. 313, certiorari denied Id., 219 Ala. 324, 122 So ... 313; 49 C.J. 244 ... The ... trial on the merits was abortive; and was not, properly, ever ... reached. We, of course, ignore, here, the judgment rendered ... For the ... error pointed out ... ...