Lusk v. Champion Register Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Suit by the Champion Register Company against James W. Lusk and others, as receivers of the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendants appeal. Submitted on motion to strike bill of exceptions and upon the merits.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Suit by the Champion Register Company against James W. Lusk and others, as receivers of the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendants appeal. Submitted on motion to strike bill of exceptions and upon the merits. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Suit by appellee (plaintiff) against the appellants (defendants), as receivers of the St. Louis & San Francisco Railroad Company, to recover damages, as in conversion, for certain property shipped by appellee to…
1Opinion of the CourtGardner, J.
[1] We pretermit, as unnecessary to be determined, the question as to whether or not, under the peculiar circumstances of this case, the ruling of the court in reinstating the cause upon the docket by order entered in February, 1916, is reviewable under the bill of exceptions presented in April, 1917. If reviewable, the action of the court was clearly without error, as we are of the opinion that the nonsuit taken by the plaintiff on account of the adverse rulings of the court, in sustaining the amended plea in abatement, was not a voluntary nonsuit in the sense insisted upon by counsel for…
2Cases cited4 opinions
- Simpson v. BrockSupreme Court of Georgia · 1901
- Rice v. Beavers & Co.Supreme Court of Alabama · 1916
- Carter v. FischerSupreme Court of Alabama · 1899
- Central of Georgia Railway Co. v. SimsSupreme Court of Alabama · 1910
3Cited by4 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Wimbush v. StateSupreme Court of Alabama · 1939
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1934
- Asbury v. MountzSupreme Court of Alabama · 1937