Alabama & Vicksburg Railway Co. v. Odeneal

Not until the suggestion of error in the former case was overruled, November 4, 1895, was there a final ascertainment of the right of appellee to the farm-crossing. The agreed record stipulates that, ‘ ‘ within a reasonable time after the suggestion of error made to this court was disallowed, the defendant met the demands of the plaintiff in respect to the crossing complained of, and constructed it according to the plaintiff’s wishes;” and that the present suit was instituted on November 4, 1895 — the very day the suggestion of error was disallowed. On these facts it is clear that the…