McDonald v. Alabama Midland Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the ITon. J. W. Fosetr. This action was brought by J. F. McDonald, as administrator of the estate of Jesse L. McDonald, against the Alabama Midland Railway Company; to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint as originally filed contained five counts. Demurrers were interposed to the 5th count.
Read the full summary
Appeal from the Circuit Court of Dale. Tried before the ITon. J. W. Fosetr. This action was brought by J. F. McDonald, as administrator of the estate of Jesse L. McDonald, against the Alabama Midland Railway Company; to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint as originally filed contained five counts. Demurrers were interposed to the 5th count. The judgment entry in reference to such ruling on these demurrers is copied in the opinion. After the ruling upon the demurrer to the 5th count of the complaint, as originally filed, there was then an…
1Opinion of the CourtTyson, J.
There was no judgment upon the sustaining by the court of the demurrer to the fifth count of the complaint. The judgment entry simply recites “the defendant thereupon demurred and assigned several separate and distinct grounds of demurrer, as shown by the record, which demurrers having been argued by counsel and understood by the court were by the court duly sustained.” The judgment entry should have proceeded-further and shown a formal adjudication by the court such as, “It is, therefore, considered by the court that the demurrers be and they are hereby sustained.” There being no judgment…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Hereford v. CombsSupreme Court of Alabama · 1899
- Crowder v. Red Mountain Mining Co.Supreme Court of Alabama · 1899
- Bessemer Land & Improvement Co. v. DuboseSupreme Court of Alabama · 1899
15 more not listed; retrieve them via the Exa API.