Central of Georgia Railway Co. v. Ashley
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Aileen Asbley by her next friend against the Central of Georgia Bailway Company, for damages suffered while a passenger on said road. From a judgment for plaintiff defendant appeals. Counsel discuss the demurrer to the complaint and cite authorities in support of their contention. They insist that counts 5 and 7 did not state a cause of action, and cite in support thereof.— Southern By.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Aileen Asbley by her next friend against the Central of Georgia Bailway Company, for damages suffered while a passenger on said road. From a judgment for plaintiff defendant appeals. Counsel discuss the demurrer to the complaint and cite authorities in support of their contention. They insist that counts 5 and 7 did not state a cause of action, and cite in support thereof.— Southern By. Go. v. Bunt, 131 Ala. 591; Central of Ga-By. Go. v. Freeman, 134 Ala. 354. Section 3333, Code 1896. The appellee bases the suit on-a…
1Opinion of the CourtDowdell, C. J.
The judgment shows that the complaint was amended, and that the demurrer to- the complaint as amended was overruled. This is the only ruling on demurrers shown by the record. It does not appear what the demurrer was to’ the complaint after amendment. When demurrers are filed to pleadings, and before action on the demurrers the pleadings are subsequently amended, in order to have the benefit of the demurrers, the same should be reinterposed to the pleadings as amended. The record not showing what the demurrer was to- the amended complaint, we cannot review the action of the court in overruling…
2Cases cited4 opinions
- Western Ry. v. RussellSupreme Court of Alabama · 1905
- Central of Georgia Ry. Co. v. AshleySupreme Court of Alabama · 1909
- McLendon v. BushSupreme Court of Alabama · 1900
- Stewart v. GuySupreme Court of Alabama · 1902
3Cited by15 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
- Wilder v. BushSupreme Court of Alabama · 1917
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
- Harper v. StateAlabama Court of Appeals · 1915
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