Johnson v. Maxey
Supreme Court of Alabama
Appeal from the Oity Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The facts of the case are fully set out in the opinion of the court. Suit was originally brought by appellee against the Alabama & Florida Rail Road, to recover a certain sum of money, alleged to be awarded by certain arbitrators to said plaintiff. The rail road brings the money into court, and makes the affidavit required by § 2540 of the Code.
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Appeal from the Oity Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The facts of the case are fully set out in the opinion of the court. Suit was originally brought by appellee against the Alabama & Florida Rail Road, to recover a certain sum of money, alleged to be awarded by certain arbitrators to said plaintiff. The rail road brings the money into court, and makes the affidavit required by § 2540 of the Code. The appellant Johnson, is made a party under said section, and the proceedings are thereafter concluded in his name. Under the form of the pleadings, the rail road…
1Opinion of the CourtPeck, C. J.
On the 28th day of December, 1867, the appellee, John W. Maxey, for the use of Elizabeth A. Garrison, commenced an action in the circuit court of Montgomery county, against the Alabama & Florida Rail Road Company.
The complaint consists of three counts. The two first *531are on an award for the sum of six hundred dollars, dated the 27th day of December, 1866; the third count, is on an alleged account stated.
The first count states, that before the making of the promise therein mentioned, certain differences had arisen, and were then depending between the said plaintiff and the said defendant,…
2Cited by13 opinions
- Standley v. RobertsCourt of Appeals for the Eighth Circuit · 1894
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- Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
- Marsh v. Mutual Life Ins. Co.Supreme Court of Alabama · 1917
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
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