Legal Opinion

Hines v. McMillan

Supreme Court of Alabama

Decided June 10, 1920No. 1 Div. 150PublishedCited by 21 opinions

Certiorari to Court of Appeals. Application of Walker D. Hines, as Director General of Railroads, operating the Louisville & Nashville Railroad, for certiorari to the Court of Appeals to review and revise the judgment and decree of said court rendered in the appeal of Walker D. Hines, as Director General, etc., against M. D. McMillan (17 Ala. App. 509, 87 South. 696). The action was for damages for killing a ■mule.

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Certiorari to Court of Appeals. Application of Walker D. Hines, as Director General of Railroads, operating the Louisville & Nashville Railroad, for certiorari to the Court of Appeals to review and revise the judgment and decree of said court rendered in the appeal of Walker D. Hines, as Director General, etc., against M. D. McMillan (17 Ala. App. 509, 87 South. 696). The action was for damages for killing a ■mule. The second plea is that the mule was killed by defendant’s train upon a portion of defendant’s railroad within a fence erected by defendant in conformity to a notice of the Public…

1Opinion of the CourtThomas, J.

The writ of certiorari to the Court of Appeals will be granted for the reason indicated in subdivision 3.

[1] 1. Did the Court of Appeals err in striking assignment of error numbered 9, based upon an exception to a portion of the oral charge of the court shown only in the record proper, not in tiie bill of exceptions? Under the statute of 1915 (pages 815, 816), it was made unnecessary “to set out the charges in the bill' of exceptions or state therein that an exception was reserved to the giving or refusing of charges requested, but it shall be presumed that each charge was separately…

2Cases cited16 opinions

  1. McPherson v. StateSupreme Court of Alabama · 1916
  2. National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
  3. Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
  4. Julian v. WoolbertSupreme Court of Alabama · 1919
  5. Britton v. StateAlabama Court of Appeals · 1917

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Scroggins v. Alabama Gas CorporationSupreme Court of Alabama · 1963
  2. Garrett v. Gadsden Cooperage Co.Supreme Court of Alabama · 1923
  3. Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
  4. Milwaukee Mechanics Ins. Co. v. MaplesAlabama Court of Appeals · 1953
  5. Sims v. TigrettSupreme Court of Alabama · 1934

16 more not listed; retrieve them via the Exa API.

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