Continental Casualty Co. v. Ogburn
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Assumpsit by Lula Ogburn against the Continental Casualty Company. Judgment for plaintiff and defendant appeals. The action of the court in striking plea 3 was erroneous and prejudicial. — Ramsey v. Smith, 138 Ala. 333; Coburn v. State, 151 Ala. 100;’ 16 Ene.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Assumpsit by Lula Ogburn against the Continental Casualty Company. Judgment for plaintiff and defendant appeals. The action of the court in striking plea 3 was erroneous and prejudicial. — Ramsey v. Smith, 138 Ala. 333; Coburn v. State, 151 Ala. 100;’ 16 Ene. P. & P. 52. Under the evidence there was failure of affirmative proof, and the action of defendant in retaining the letter did not amount to a waiver. — Central C. I. Co. v. Oates, 86 Ala. 569; 120 N. Y. Supp. 96; 133 S. W. 87; 62 S. E. 124. The policy does not cover,…
1Opinion of the Court
GARDNER, J. —
This is the second appeal in- this cause; the former appeál being reported as Continental Casualty Company v. Ogburn, 175 Ala. 357, 57 South. 852.
The first assignment of error relates to the ruling of the court in sustaining plaintiff’s (appellee’s) objection to the filing of plea 3, and in striking said plea from the file. The ruling of the court in this particular appears only in the record, being found in the minute entry, and no reference thereto is made in the bill of exceptions.
It is well established by the decisions of this court that rulings o.f a trial court upon motions…
2Cases cited12 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Continental Casualty Co. v. OgburnSupreme Court of Alabama · 1911
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Leith v. StateSupreme Court of Alabama · 1921
- Hudson v. StateSupreme Court of Alabama · 1928
- Mobile & O. R. Co. v. WatsonSupreme Court of Alabama · 1930
- McCormick v. BadhamSupreme Court of Alabama · 1919
18 more not listed; retrieve them via the Exa API.