Barnett v. Montgomery & Eufaula Railroad
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed by the appellant, against the Montgomery and Eufaula Railroad Company and John Wilson, to recover damages, or compensation, for lands taken by said company, under authority granted by its charter, for its right of way; also, to enjoin the further use by the defendants of a house which had been erected on lands taken by the company for its right of way, and…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed by the appellant, against the Montgomery and Eufaula Railroad Company and John Wilson, to recover damages, or compensation, for lands taken by said company, under authority granted by its charter, for its right of way; also, to enjoin the further use by the defendants of a house which had been erected on lands taken by the company for its right of way, and which was used by Wilson as a storehouse for selling merchandise and spirituous liquors; and to prevent a threatened removal…
1Opinion of the CourtBrickell, J.
—The chancellor, to satisfy his conscience on matters of fact, arising on the evidence in the cause, awarded an issue, to be tried before him by a jury. On that trial, evidence was offered by the complainant, which was rejected, and charges to the jury were given and refused, to which the complainant reserved exceptions. The only errors assigned in this court are, the rejection of the evidence offered, and the charges given and refused on the trial of this issue. These matters would not appear of record, in the absence of a bill of exceptions introducing them. It is said by Ch. J. Taney, in…
2Cases cited4 opinions
- Ex Parte Story v. StorySupreme Court of the United States · 1838
- Ned v. StateSupreme Court of Alabama · 1838
- Alexander v. AlexanderSupreme Court of Alabama · 1843
- Bourne v. StateSupreme Court of Alabama · 1839
3Cited by1 opinion
- Mathews v. FornissSupreme Court of Alabama · 1890