East Tenn., Va. & Ga. Railroad v. Kennedy
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Jas. W. Lapsley. This action was brought by James M. Kennedy against the appellant, a corporation chartered under the laws of Tennessee, but doing business in Alabama; and was commenced before a justice of the peace, on the 13th April, 1887. The cause of action was an account for work and labor done, amounting to $50; and the complaint in the Circuit Court, on appeal, contained only the common counts.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Jas. W. Lapsley. This action was brought by James M. Kennedy against the appellant, a corporation chartered under the laws of Tennessee, but doing business in Alabama; and was commenced before a justice of the peace, on the 13th April, 1887. The cause of action was an account for work and labor done, amounting to $50; and the complaint in the Circuit Court, on appeal, contained only the common counts. The defendant pleaded payment generally, and a special plea averring the facts relied on as payment — namely, the institution of a…
1Opinion of the CourtSomerville, J.
The appellee, Kennedy, as plaintiff recovered a judgment against the appellant railroad corporation, in the Circuit Court of Dallas county, for about fifty dollars, in September, 1887, the case being tried de novo on appeal from a justice’s court. The amount was due for work and labor done by the plaintiff for the defendant, in this State, of which the plaintiff was and is a resident.
The defense set up by the railroad company was payment. The admitted facts show, that the plaintiff, Kennedy, being temporarily in the State of Tennessee, which was the residence of the defendant corporation…
2Cases cited6 opinions
- Dearing v. Bank of CharlestonSupreme Court of Georgia · 1848
- Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
- Stevens v. BrownWest Virginia Supreme Court · 1882
- Moore v. C., R. I. &. P. R.Supreme Court of Iowa · 1876
- Leiber v. U. P. R. Co.Supreme Court of Iowa · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ala. Great Southern Railroad v. ChumleySupreme Court of Alabama · 1890
- Dillingham v. Traders' Insurance Co.Tennessee Supreme Court · 1907
- Illinois Central Railroad v. SmithMississippi Supreme Court · 1892
- In Re PerineDistrict Court, S.D. Alabama · 1983
- Georgia & Alabama Railway v. StollenwerckSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.