Ferrell v. Ross
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; O. B. Smith, Judge. Action by J. H. Ferrell against I. W. Ross, receiver, etc. From an order granting a new trial, plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6.
1Opinion of the Court
SAYRE, 3.
[1-3] The summons in this case ran against “I. W. Ross, receiver,” etc. Tlie caption of the complaint does not appear in the transcript — this, we presume, in consequence of rule 26, adopted June 23, 1913. 175 Ala. six, 61'South.-vii. Nothing to the contrary appearing in the body of the comlilaint, a long line of decisions in this court constrains us to. hold that the action was against defendant, I. W. Ross, personally, and not as receiver. Buckley v. Wilson, 56 Ala. 393; Lowery v. Daniel, 98 Ala. 451, 13 South. 527; Jenkins v. Bramlett, 131 Ala. 597, 32 South. 575; Bryant v.…
2Cases cited8 opinions
- Adler v. MartinSupreme Court of Alabama · 1912
- Ex parte DoakSupreme Court of Alabama · 1914
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Alabama Clay Products Co. v. MathewsSupreme Court of Alabama · 1930
- Schaeffer v. WalkerSupreme Court of Alabama · 1941
- Camp v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1948
- Atlantic Coast Line R. Co. v. BurkettSupreme Court of Alabama · 1922
- Sorsby v. WilkersonSupreme Court of Alabama · 1921
24 more not listed; retrieve them via the Exa API.