Pennsylvania R. Co. v. Allison Lumber Co.
Alabama Court of Appeals
Appeal from Circuit Court, Sumter County; R. I. Jones, Judge. Action by the Pennsylvania Railroad Company against the Allison Lumber Company, to recover a balance alleged to be due on the shipment of a car of lumber. Judgment of nonsuit and plaintiff appeals. Counsel discusses the action of the court in its ruling on demurrer with citation of authority, but does not discuss -the matters treated in the opinion.
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Appeal from Circuit Court, Sumter County; R. I. Jones, Judge. Action by the Pennsylvania Railroad Company against the Allison Lumber Company, to recover a balance alleged to be due on the shipment of a car of lumber. Judgment of nonsuit and plaintiff appeals. Counsel discusses the action of the court in its ruling on demurrer with citation of authority, but does not discuss -the matters treated in the opinion. The appeal is not taken within six months from the ruling on demurrers. Acts 1915, p. 711. Under the appeal as taken, nothing but that can be considered. 21 Ala. 499; 167 Ala. 117, 52…
1Opinion of the CourtMerritt, J.
The judge’s entries made on the trial docket show in this cause that on June 9, 1919, “Demurrers to complaint sustained, continued,” and on October 20, 1919-, “Plaintiff granted a nonsuit, with bill of exceptions.”
The minute entry as appears from the record recites:
“October 20, 1919. This being the day set for the trial of this cause, came the plaintiff by its attorney and asks that a nonsuit be taken in this cause, with bill of exceptions. It is therefore considered by the court, and it is the order and judgment of the court, that a nonsuit be taken in this cause with bill of exceptions, and…
2Cases cited8 opinions
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Berlin Machine Works v. Ewart L. Co.Supreme Court of Alabama · 1913
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Engle v. PattersonSupreme Court of Alabama · 1910
- Laster v. BlackwellSupreme Court of Alabama · 1900
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3Cited by1 opinion
- Smith v. Louisville N. R. Co.Supreme Court of Alabama · 1922