Louisville & Nashville Railroad v. Philyaw
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before tbe Hon. John. P. Hubbard. This action was brought by J. I). Philyaw, against the appellant corporation, to recover the possession of a tract of land containing forty acres, which was described as the northwest quarter of the south-west quarter of section thirty-five (35), township one (1), range eight (8); and was commenced on the 4th March, 1887. The cause was tried on issue joined on the pleas of not guilty, and the…
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Appeal from the Circuit Court of Escambia. Tried before tbe Hon. John. P. Hubbard. This action was brought by J. I). Philyaw, against the appellant corporation, to recover the possession of a tract of land containing forty acres, which was described as the northwest quarter of the south-west quarter of section thirty-five (35), township one (1), range eight (8); and was commenced on the 4th March, 1887. The cause was tried on issue joined on the pleas of not guilty, and the statute of limitations of ten years. The bill of exceptions purports to set out “substantially all the evidence adduced…
1Opinion of the CourtMcCLELLAN, J.
The assignments of error, which are directed against the rulings of the Circuit Court on objections to evidence, are virtually withdrawn in the argument of appellant’s counsel, and we are requested to consider only those assignments which involve the correctness of the lower court’s refusal to give the several charges requested by the defendant — appellant here. This court has uniformly held, that the refusal to give a charge, however sound may be the proposition of law it asserts, is not ground for reversal, unless the record shows affirmatively that there was evidence tending to prove every…
2Cases cited13 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Core v. FaupelWest Virginia Supreme Court · 1884
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Riggs v. FullerSupreme Court of Alabama · 1875
- Ruffin v. . OverbySupreme Court of North Carolina · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Wishart v. McKnightMassachusetts Supreme Judicial Court · 1901
- Birmingham Fuel Co. v. BoshellSupreme Court of Alabama · 1914
- Robinson v. AllisonSupreme Court of Alabama · 1899
- Tapia v. WilliamsSupreme Court of Alabama · 1911
- Barker v. Mobile Electric Co.Supreme Court of Alabama · 1911
19 more not listed; retrieve them via the Exa API.