Alabama Midland Railway Co. v. Brown
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action brought hy the appellee, J. M. Brown, as administrator of the estate of J. L. Brown, deceased, against the Alabama Midland Kailway Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate, while he was alleged to be in the discharge of his duties at the time he received the injuries resulting in his death.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action brought hy the appellee, J. M. Brown, as administrator of the estate of J. L. Brown, deceased, against the Alabama Midland Kailway Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate, while he was alleged to be in the discharge of his duties at the time he received the injuries resulting in his death. The complaint contained two counts, in which the plaintiff sought to recover f25,GOO damages. The defendant interposed demurrers to each of the counts of the…
1Opinion of the CourtSharpe, J.
-Section 616 of the Code provides that bills of exceptions must be signed at the term at which the exception was taken unless the time for signing it is extended by an order of the court..
*286The October term 1898 .of. the city -court at .which the trial of this cause was had. could not '.have extended beyond the time fixed by, law fo.r beginning the February term 1899, and it was on June 12, 1899,. that the bill of exceptions .was signed. Therefore, the motion to strike out the assignments of error based on rulings made at the main trial must prevail.
No record entry appears which amounts to a…
2Cases cited5 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Hereford v. CombsSupreme Court of Alabama · 1899
- Bessemer Land & Improvement Co. v. DuboseSupreme Court of Alabama · 1899
- Dillard v. SavageSupreme Court of Alabama · 1893
3Cited by20 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
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