Alabama & Mississippi Rivers Railroad v. Sanford
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the TIon. Nat. Cook. This action was brought by the appellees, as the assignees of Leach & Donoho, and was founded on a written instrument, of which the following is a copy: “Certificate No. 204. Engineer’s Office, Ala. & Miss.
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Appeal from the Circuit Court of Dallas. Tried before the TIon. Nat. Cook. This action was brought by the appellees, as the assignees of Leach & Donoho, and was founded on a written instrument, of which the following is a copy: “Certificate No. 204. Engineer’s Office, Ala. & Miss. Rivers R. R. Co., 1 Selma, May 18th, 1855. J $1108 21. This is to certify, that the sum of eleven hundred and eight 21-100 dollars is due to Leach & Don-oho, from the Alabama and Mississippi Rivers Railroad Company, for bridging and track-laying. Lewis Troost, Engineer. To James L. Price, president. Attest: Jas. L.…
1Opinion of the CourtStone, J.
Although there is a demurrer found in this record, yet we do not find that any disposition -was made of it in the court below. Hence, we will not pass upon thp sufficiency of the several counts, further than to say, we find no defect in the second special count — the one under which this trial was probably .had — when that count is construed under the liberal rules of pleadingprovided by the Code. The second special count is based on the written contract, or certificate of the engineer of the railroad. The count avers the authority of the engineer to i§sue such certificate, that he did issue…
2Cases cited7 opinions
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Thomason v. DillSupreme Court of Alabama · 1857
- Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
- Smith v. HarrisonSupreme Court of Alabama · 1859
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3Cited by8 opinions
- Dowling v. BlackmanSupreme Court of Alabama · 1881
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- Jarrell v. LillieSupreme Court of Alabama · 1866
- Price v. LavenderSupreme Court of Alabama · 1862
- Randolph v. SharpeSupreme Court of Alabama · 1868
3 more not listed; retrieve them via the Exa API.