Southern Railway Co. v. Raney
Supreme Court of Alabama
Appeal from the Chancery Court of Fayette. Heard before the Hon. Samuel H. Spkott. This was a suit brought by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. The defendant moved the court to require the plaintiff to pay or secure the costs of the former suit before proceeding to trial in this suit. This motion was overruled, and the defendant duly excepted.
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Appeal from the Chancery Court of Fayette. Heard before the Hon. Samuel H. Spkott. This was a suit brought by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. The defendant moved the court to require the plaintiff to pay or secure the costs of the former suit before proceeding to trial in this suit. This motion was overruled, and the defendant duly excepted. The defendant also pleaded res adjudicata, in which he set' out the facts which are stated in the opinion. The cause was tried by the court without the intervention of a jury, and upon the…
1Opinion of the CourtHead, J.
The appellee sued the appellant, before a. justice of the peace, in trover for the conversion of cross-ties. The judgment was in favor of the defendant in the action, and against plaintiff for the costs. He subsequently brought the present action for the same ties, sold and delivered' by him to the defendant. The case went by appeal to the circuit court, and was there tried by the judge without a jury — the amount involved being less than $20.
*272The defendant moved the court to stay the proceeding until the costs of the former action should be paid, proving their amount and non-payment. The…
2Cases cited3 opinions
- Ex parte ShearSupreme Court of Alabama · 1890
- Ex parte StreetSupreme Court of Alabama · 1894
- Brown v. BrownSupreme Court of Alabama · 1886