Southern Ry. Co. v. Leard
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. . Heard before Hon. John Moore. This was an action for damages for placing double bents in a creek and diverting tbe mud and water from tbe said creek on plaintiff’s land. It is alleged tliat tbe bents were constructed by tbe railroad company to support a bridge across tbe creek over which their tracks ran. Demurrers were sustained to tbe original complaint and leave granted to amend. Tbe complaint was not amended at that time.
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Appeal from Wilcox Circuit Court. . Heard before Hon. John Moore. This was an action for damages for placing double bents in a creek and diverting tbe mud and water from tbe said creek on plaintiff’s land. It is alleged tliat tbe bents were constructed by tbe railroad company to support a bridge across tbe creek over which their tracks ran. Demurrers were sustained to tbe original complaint and leave granted to amend. Tbe complaint was not amended at that time. At tbe next term tbe canse was continued and no amended complaint was filed but at tbe succeeding term an amendment was made to the…
1Opinion of the CourtDenson, J.
After demurrer was sustained to the complaint and leave granted the plaintiff to amend, she allowed an entire term of the court to pass without making an amendment or offering to amend the complaint. At the term of the court following that at which the demurrer was sustained the cause was continued generally and at the next term the complaint was amended.
“The practice is settled by numerous decisions of this court, that if there be not some positive intervention or direction on the part of a plaintiff the neglect of the clerk to docket a cause, and the failure to take orders therein for…
2Cases cited21 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Pilgreen v. StateSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Allen v. KellamSupreme Court of Alabama · 1881
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
- Darrow v. DarrowSupreme Court of Alabama · 1918
- Platt v. RowandSupreme Court of Florida · 1907
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
10 more not listed; retrieve them via the Exa API.