City of Birmingham v. Seaboard Air Line Ry. Co.

This appeal is by the respondents from a decree overruling their demurrers to the bill as last amended and to certain paragraphs thereof, and sustaining the demurrers to certain aspects and paragraphs of the bill, and, by consent of appellants indorsed in writing on the transcript, as authorized by rule 3 governing the practice of this court, the appellee has assigned errors as upon a cross appeal. Rule 3, Supreme Court Practice, Code 1923, vol. 4, p. 8S1. See, also, section 6091 of the Code.

The bill, in short, alleges that the complainant is engaged in the business of a common carrier of…