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Ex parte Whittaker

SUPREME COURT OF ALABAMA
Jan 12, 2018
1170135 (Ala. Jan. 12, 2018)

Summary

In Ex parte Whittaker, c., 10 L.R. 449, Mellish, L.J., says: "It is true, indeed, that a party must not make any misrepresentation, express or implied, and as at present advised I think Shackelton when he went for the goods must be taken to have made an implied representation that he intended to pay for them, and if it were clearly made out that at that time he did not intend to pay for them, I should consider that a case of fraudulent misrepresentation was shown."

Summary of this case from Swift v. Rounds

Opinion

1170135

01-12-2018

Ex parte Edward Whittaker. (In re: Edward Whittaker v. State of Alabama)


PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (Mobile Circuit Court: CC-16-2002; Criminal Appeals : CR-16-0692). CERTIFICATE OF JUDGMENT

WHEREAS, the petition for writ of certiorari in the above referenced cause has been duly submitted and considered by the Supreme Court of Alabama and the judgment indicated below was entered in this cause on January 12, 2018:

Writ Denied. No Opinion. Wise, J. - Stuart, C.J., and Parker, Shaw, and Sellers, JJ.,

concur.

NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS HEREBY ORDERED that this Court's judgment in this cause is certified on this date. IT IS FURTHER ORDERED that, unless otherwise ordered by this Court or agreed upon by the parties, the costs of this cause are hereby taxed as provided by Rule 35, Ala. R. App. P.

I, Julia J. Weller, as Clerk of the Supreme Court of Alabama, do hereby certify that the foregoing is a full, true, and correct copy of the instrument(s) herewith set out as same appear(s) of record in said Court.

Witness my hand this 12th day of January, 2018.

/s/

Clerk, Supreme Court of Alabama


Summaries of

Ex parte Whittaker

SUPREME COURT OF ALABAMA
Jan 12, 2018
1170135 (Ala. Jan. 12, 2018)

In Ex parte Whittaker, c., 10 L.R. 449, Mellish, L.J., says: "It is true, indeed, that a party must not make any misrepresentation, express or implied, and as at present advised I think Shackelton when he went for the goods must be taken to have made an implied representation that he intended to pay for them, and if it were clearly made out that at that time he did not intend to pay for them, I should consider that a case of fraudulent misrepresentation was shown."

Summary of this case from Swift v. Rounds
Case details for

Ex parte Whittaker

Case Details

Full title:Ex parte Edward Whittaker. (In re: Edward Whittaker v. State of Alabama)

Court:SUPREME COURT OF ALABAMA

Date published: Jan 12, 2018

Citations

1170135 (Ala. Jan. 12, 2018)

Citing Cases

Swift v. Rounds

1 Story, Eq. Jur. § 192. In Ex parte Whittaker, c., 10 L.R. 449, Mellish, L.J., says: "It is true, indeed,…