General Accident, Fire & Life Ins. v. Shields
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by Savannah Shields against the General Accident, Fire & Life Insurance Company, as beneficiary in a policy issued by appellant to William E. HoAvard. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by Savannah Shields against the General Accident, Fire & Life Insurance Company, as beneficiary in a policy issued by appellant to William E. HoAvard. Judgment for plaintiff and defendant appeals. Counsel discusses the rulings of the court in overruling demurrers to the complaint, and in sustaining demurrers to certain pleas, Avith citation of authority to support his contention of error, but in vieAV of the opinion it is not deemed necessary to here set them out. In discussing assignments of error covering charges…
1Opinion of the Court
WALKER, P. J. —
The rulings of the court referred to in the assignments of error, based upon the overruling of demurrers to certain counts of the complaint as amended, were made in October, 1911, at which time there was a mistrial of the case. The minutes of the proceedings of the court in the subsequent trial, which resulted in the judgment appealed from, commence with the following statement: “On this the 13th day of March, 1912, this cause being reached on the docket and called for trial, came the parties by their attorneys, and the plaintiff by leave of the court first had and obtained…
2Cases cited7 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- McLeod v. Shelly Manufacturing & Improvement Co.Supreme Court of Alabama · 1895
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Cooley v. United States Saving & Loan Co.Supreme Court of Alabama · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clary v. CasselsSupreme Court of Alabama · 1952
- City Cleaning Co. v. Birmingham Waterworks Co.Supreme Court of Alabama · 1920
- Brock v. ShirleyAlabama Court of Appeals · 1940
- Herren v. ShelnuttAlabama Court of Appeals · 1926
- Herren v. ShelnuttAlabama Court of Appeals · 1926
1 more not listed; retrieve them via the Exa API.