Hines v. McMillan
Supreme Court of Alabama
Certiorari to Court of Appeals. Application of Walker D. Hines, as Director General of Railroads, operating the Louisville & Nashville Railroad, for certiorari to the Court of Appeals to review and revise the judgment and decree of said court rendered in the appeal of Walker D. Hines, as Director General, etc., against M. D. McMillan (17 Ala. App. 509, 87 South. 696). The action was for damages for killing a ■mule.
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Certiorari to Court of Appeals. Application of Walker D. Hines, as Director General of Railroads, operating the Louisville & Nashville Railroad, for certiorari to the Court of Appeals to review and revise the judgment and decree of said court rendered in the appeal of Walker D. Hines, as Director General, etc., against M. D. McMillan (17 Ala. App. 509, 87 South. 696). The action was for damages for killing a ■mule. The second plea is that the mule was killed by defendant’s train upon a portion of defendant’s railroad within a fence erected by defendant in conformity to a notice of the Public…
1Opinion
On Rehearing.
THOMAS, J.
In short, the two contentions of petitioners for rehearing are: (1) That of visitation of a demurrer — the demurrer to the bad replication to the bad plea; and (2) that the statute under which plea 2 was drawn is unconstitutional. Petitioner (appellee in the Court of Appeals) insists that the cause should not be reversed because of error made in the ruling on demurrer to the replication because it was Interposed to a plea that was also open to demurrer. This subject has been an interesting one to the courts. The question then for decision is: Was not the visitation of…
2Cases cited48 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Kinnon v. L. & N. R. R.Supreme Court of Alabama · 1914
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