Milbra v. Sloss-S. S. & I. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson Action by Levi Milbra, as administrator of the estate of Edward Milbra, against the Sloss-Sheffield Steel & Iron Company, for damages for the wrongful death of his intestate. Judgment for defendant and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson Action by Levi Milbra, as administrator of the estate of Edward Milbra, against the Sloss-Sheffield Steel & Iron Company, for damages for the wrongful death of his intestate. Judgment for defendant and plaintiff appeals. Notwithstanding the decision on former appeals holding that the court should have overruled demurrers to plea J. (55 South. 891) is insisted that the plea was subject to defects not considered in that opinion. — Goldale B. Go. v. So. Gon. Go., 110 Ala. 605. The records of the probate court showing the…
1Opinion of the CourtSayre, J.
Appellee, being sued, pleaded at tbe same time a plea in abatement and pleas in bar of the suit, and the issues so raised were submitted together to a jury. More conveniently, perhaps the two classes of pleas could have been determined separately; the plea in abatement being tried first in order. It was not impossible, however, to try the case on all pleas at once; but in that case the jury should have been intrusted, in the event of a finding for defendant, to indicate by their verdict the issue on which they so found, for so only could the exact meaning and effect of such finding be…
2Cases cited8 opinions
- Tarleton v. JohnsonSupreme Court of Alabama · 1854
- Morgan v. CaseySupreme Court of Alabama · 1882
- Perkins v. MooreSupreme Court of Alabama · 1849
- Dimick v. BrooksSupreme Court of Vermont · 1849
- Sloss-Sheffield Steel & Iron Co. v. MilbraSupreme Court of Alabama · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Little v. SuggSupreme Court of Alabama · 1942
- Alabama Clay Products Co. v. MathewsSupreme Court of Alabama · 1930
- Anniston City Land Co. v. StateSupreme Court of Alabama · 1913
- Morris v. WaldropSupreme Court of Alabama · 1925
- Rhode Island Ins. Co. of Providence, R.I. v. HolleySupreme Court of Alabama · 1933
21 more not listed; retrieve them via the Exa API.