Legal Opinion

Mobile & Montgomery Railway Co. v. Yeates

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 25 opinions

Action on Judgment recovered in suit against the Mobile dc Montgomery Railroad Company. Appeal from the City Court of Mobile, Tried before Hon. O. J. Semmes. This was an action brought by J. K. Yeates against the Mobile and Montgomery Railway Company.

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Action on Judgment recovered in suit against the Mobile dc Montgomery Railroad Company. Appeal from the City Court of Mobile, Tried before Hon. O. J. Semmes. This was an action brought by J. K. Yeates against the Mobile and Montgomery Railway Company. The complaint ayers, that a judgment was recovered against the appellant, under tbe name of the Mobile and Montgomery Bailroaci Company, The defendant pleaded — 1st, nul tiel record ; and, 2d, want of service on the railway company, averring it to be a different corporation from tbe railroad company. On the trial, the record of the judgment on…

1Opinion of the CourtSomeryille, J.

— In January, 1877, suit was instituted by the appellee against the Mobile & Montgomery Railroad Company. Process was served on George Nason, as general agent for the said defendant company.

Upon the trial of the cause an appearance was entered, and a defense of the action was made by the appellant, who pleaded under the corporate name and style of the Mobile & Montgomery Railroad Company. Demurrers were interposed and appear upon the record in the name of the appellant, and both demurrers and pleas style the said raikoay company to be “ the defendant ” in the suit. The evidence shows that the…

2Cases cited3 opinions

  1. Tarleton v. JohnsonSupreme Court of Alabama · 1854
  2. Lyles v. ClementsSupreme Court of Alabama · 1873
  3. Grubbs v. Vicksburg & Brunswick RailroadSupreme Court of Alabama · 1874

3Cited by25 opinions

  1. Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
  2. People ex rel. Vogelstein v. Warden of the County JailNew York Supreme Court · 1934
  3. Hanlon v. DohertyIndiana Supreme Court · 1887
  4. Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
  5. Powell v. StateSupreme Court of Alabama · 1932

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