Judges: PER CURIAM. —
Attorneys: Hampton Hampton, for Plaintiff in Error.
J. C. Adkins and Peyton G. Jefferson, for Defendant in Error.
Filed: Dec. 02, 1930
Latest Update: Mar. 02, 2020
Summary: The amended declaration in this case contains but two counts; one for money received by the defendant for the use of the plaintiff and the other for money found to be *Page 1375 due from the defendant to the plaintiff upon an account stated between them. The defendant pleaded the general issue and by agreement the cause was tried by the circuit judge without the intervention of a jury. A finding was made for the defendant, upon which finding judgment was entered for the defendant. Plaintiff made
Summary: The amended declaration in this case contains but two counts; one for money received by the defendant for the use of the plaintiff and the other for money found to be *Page 1375 due from the defendant to the plaintiff upon an account stated between them. The defendant pleaded the general issue and by agreement the cause was tried by the circuit judge without the intervention of a jury. A finding was made for the defendant, upon which finding judgment was entered for the defendant. Plaintiff made ..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the court below should be, and the same is hereby reversed and the cause is remanded for a new trial.
TERRELL, C. J., and WHITFIELD, STRUM and BUFORD, J. J., concur.
ELLIS and BROWN, J. J., dissent.
