Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1913 Excerpt: ... No counsel marked for either party. Per curiam. Appeal dismissed. CREWS V. THE STATE. (Decided January 23, 1912.) Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. No counsel marked for appellant. R. C. Brickell, Attorney General, and W. L. Martin, Assistant Attorney General, for the State. Per curiam. Appeal dismissed. CRITTENDEN V. THE STATE. (Decided January 23, 1913.) Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. No counsel marked for appellant. R. C. Brickell, Attorney General, and W. L. Martin, Assistant Attorney General, for the State. Per curiam. Appeal dismissed. DAVIS V. THE STATE. (Decided January 23, 1913.) Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. No counsel marked for appellant. R. C. Brickell, Attorney General, and W. L. Martin, Assistant Attorney General, for the State. Per curiam. Appeal dismissed. ELMORE LUMBER COMPANY V. NIXON. (Decided December 17, 1912.) Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Frank W. Lull, for appellant. J. M. Holly, for ap-pellec. Per curiam. Affirmed on the authority of Tice v. The State, 3 Ala. App. 164; 57 South. 506. SUBJECT INDEX ABATEMENT AND REVIVAL. Abatement and Revival; Other Action Pending.--Since the pen-alty prescribed by sections 5904 and 5910, Code 1907, cannot be recov-ered in a common law action for damages for failure to levy an attachment, the pendency of an action for damages against the sheriff for a failure to levy an attachment will not abate a summary pro-ceeding for judgment on motion for the statutory penalty.--Higdon, et. al. v. Fields, 281. ACCOUNTS. 1. Stated. Accounts Stated; How Determined; Prior Indebtedness.--An account stated presupposes the existence of an account, and the relation of debtor and creditor b...