Gulfport Fertilizer Co. v. Jones
| Decision Date | 21 November 1916 |
| Docket Number | 1 Div. 192 |
| Citation | 73 So. 148,15 Ala.App. 266 |
| Parties | GULFPORT FERTILIZER CO. v. JONES. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge.
Action by the Gulfport Fertilizer Company against Burke Jones, Sr. Judgment for defendant, and plaintiff appeals. Reversed and remanded.
Harry T. Smith & Caffey, of Mobile, for appellant.
Rickarby & Austill, of Mobile, for appellee.
This case, like the case of Gulfport Fertilizer Co. v. Burke Jones, Jr., 73 So. 145, submitted at the same time and disposed of at the present term (opinion November 14, 1916), was tried on false issues. The court in this case, as in the case heretofore disposed of by us, authorized a finding in favor of the defendant below (appellee) on evidence, if believed by the jury, going to show a liquidation, or payment, of the debt or demand sued upon. Payment not being pleaded, and not made an issue in the case, this action of the trial court was error. One of the assignments of error presents this question, and a reversal must be ordered. See Gulfport Fertilizer Co. v. Burke Jones, Jr., 73 So. 145, present term.
Reversed and remanded.
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Gilliland & Echols Farm Supply & Hatchery v. Credit Equipment Corp.
...of interstate commerce was not an issue and the instruction submitting it as a defense was erroneous, citing Gulfport Fertilizer Co. v. Jones, 15 Ala.App. 266, 73 So. 148; (3) an instruction not within the issues raised by the pleadings is erroneous, citing Central of Georgia Ry. Co. v. McN......
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Gulfport Fertilizer Co. v. Chatman
... ... T. Smith & Caffey, of Mobile, for appellant ... Rickarby ... & Austill, of Mobile, for appellee ... EVANS, ... Charge ... A in this case presents the same ruling of the court as that ... on which the companion cases of Gulfport Fertilizer Co ... v. Burke Jones, Jr., 73 So. 145, and Gulfport ... Fertilizer Co. v. Burke Jones, Sr., 73 So. 148 (present ... term), were reversed; and on the authority of those cases, ... the instant case must be reversed ... Reversed ... and ... ...