Odum v. Rutledge & Julian Railroad
Supreme Court of Alabama
Appeal from the Probate Court of Crenshaw, before Hon. John Ii. Tyson, special judge; and Appeal from the Circuit Court of Crenshaw, before Hon. John P. Hubbard.
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Appeal from the Probate Court of Crenshaw, before Hon. John Ii. Tyson, special judge; and Appeal from the Circuit Court of Crenshaw, before Hon. John P. Hubbard. These two cases, which were argued and submitted together, arose out of the following facts : On the 29th March, 1890, an agreement to submit to arbitration a controversy which had arisen between them was signed by the respective parlies, in these words: “ Whereas a controversy is now existing between Benjamin P. Odum and the Rutledge & Julian Railroad Company, concerning a right of way over the following lands belonging to said…
1Opinion of the CourtColeman, J.
— These two cases were submitted as one case, and will be considered together.
The Rutledge & Julian Railroad Company and B. P. Odum agreed to submit to arbitration a matter of controversy in regard to a right of way over the lands of the latter. The articles of agreement, submitting the matter to arbitration, provided that, if “either party shall fail to keep, observe and perform the decision and award, he or it shall pay to the other party two hundred and fifty dollars as liquidated damages.”
The railroad company, appellee, claimed that Odum forfeited the penalty, and instituted condemnation…
2Cases cited7 opinions
- Ex parte KnightSupreme Court of Alabama · 1878
- Petty v. DillSupreme Court of Alabama · 1875
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Postal Telegraph Cable Co. v. Ala. Great Southern RailroadSupreme Court of Alabama · 1890
- Woodward Iron Co. v. CabanissSupreme Court of Alabama · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Alabama Power Co. v. Keystone Lime Co.Supreme Court of Alabama · 1914
- Bertolla v. KaiserSupreme Court of Alabama · 1958
- Kennedy v. Boles Investments, Inc.Supreme Court of Alabama · 2010
- Steed v. KnowlesSupreme Court of Alabama · 1892
- Brunson v. StateTexas Supreme Court · 1967
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