Howland v. Wallace
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon, H. A. Shabpe. This was an action by the appellee, William H. Wallace, against the appellant, S. D. Howland, doing business under tbe name of the “Birmingham Transfer Company,” for damages for failure to deliver a trunk and contents, alleged to have been received by appellant as a common carrier for delivery to tbe South & North Alabama Bailroad Company at Birmingham, Alabama.
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon, H. A. Shabpe. This was an action by the appellee, William H. Wallace, against the appellant, S. D. Howland, doing business under tbe name of the “Birmingham Transfer Company,” for damages for failure to deliver a trunk and contents, alleged to have been received by appellant as a common carrier for delivery to tbe South & North Alabama Bailroad Company at Birmingham, Alabama. Tbe complaint was according to Eorm 13, Code of 1876, p. 703. The defendant demurred to the complaint, but upon what grounds does not appear. Tbe court…
1Opinion of the CourtStone, C. J.
— The complaint in this case is an exact copy of the form given in the Code for a suit against a common carrier, for non-delivery of goods, and is sufficient. The demurrer to it was properly overruled. — Form 13, Code of 1876, 703. • A
The case was tried on the single defense of the general issue. That plea put in issue the material allegations of the complaint, and it did no more. Any defense, special in its nature, or reaching beyond such mere denial, the statute requires to be specially pleaded. — Code of 1876, § 2988; Petty v. Dill, 53 Ala. 641; Trammell v. Hudmon, 56 Ala. 235 ; Burns v.…
2Cases cited3 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Petty v. DillSupreme Court of Alabama · 1875
- Trammell v. Hudmon & BrotherSupreme Court of Alabama · 1876
3Cited by11 opinions
- Savage v. SmithSupreme Court of Alabama · 1902
- Upshaw v. EubankSupreme Court of Alabama · 1933
- Crenshaw v. Alabama Freight, Inc.Supreme Court of Alabama · 1971
- Smith v. YearwoodSupreme Court of Alabama · 1916
- Sovereign Camp, W. O. W. v. GunnSupreme Court of Alabama · 1934
6 more not listed; retrieve them via the Exa API.