Garner v. Hall & Farley
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This action was instituted on December 24, 1895, by the appellees, J. L. Hall and L. B. Farley, trustees, against the appellant, B. P. Garner; and counted upon a note, which was in words and figures as follows: $100.00. Ozark, Ala., April 2,1897. I promise to pay to the Alabama Midland Railway Company as now chartered under the general railroad laws of this State, or any amendment that may…
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Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This action was instituted on December 24, 1895, by the appellees, J. L. Hall and L. B. Farley, trustees, against the appellant, B. P. Garner; and counted upon a note, which was in words and figures as follows: $100.00. Ozark, Ala., April 2,1897. I promise to pay to the Alabama Midland Railway Company as now chartered under the general railroad laws of this State, or any amendment that may hereafter be made either by general law or by act of Legislature, its order or assigns, one hundred dollars at the Banking…
1Opinion of the CourtTyson, J.
— The complaint in this case, after setting out the contract in haec verba, avers “that the road was finished to a point Avithin 1 mile from the center of the city of Ozark from one or the other of its terminal points, to-AA’it: Bainbridge, Ga., and Montgomery, Ala., prior to the 1st day of October, 1890, on to-wit, the first day of May, 1890; and that, said road was of standard guage and laid Avith steel rails and the note matured October 1, 1890.” The only defense interposed at the trial from Avhieh this appeal is prosecuted, was the statute of limitations of six years. In the pleas it was…
2Cases cited9 opinions
- Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
- Brush Electric Light & Power Co. v. City CouncilSupreme Court of Alabama · 1896
- Freeman v. MatlockIndiana Supreme Court · 1879
- Hanchey v. CoskreySupreme Court of Alabama · 1886
- Indianapolis, Delphi & Chicago Railroad v. HolmesIndiana Supreme Court · 1885
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3Cited by2 opinions
- Lauderdale Power Co. v. PerrySupreme Court of Alabama · 1918
- Stanton v. Baird Lumber Co.Supreme Court of Alabama · 1902