Douglass v. Montgomery & West Point Railroad
Supreme Court of Alabama
Appeal from the Circuit Court- of Montgomery. Tried before tlie Hon. S.- D. Hale. This action was brought by Jules Douglass, against the appellee, as a common carrier, to recover damages for the loss of tbe plaintiff’s baggage while traveling on tbe defendant’s railroad between Montgomery, Alabama, and Columbus, Georgia.
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Appeal from the Circuit Court- of Montgomery. Tried before tlie Hon. S.- D. Hale. This action was brought by Jules Douglass, against the appellee, as a common carrier, to recover damages for the loss of tbe plaintiff’s baggage while traveling on tbe defendant’s railroad between Montgomery, Alabama, and Columbus, Georgia. When the cause was called for trial, as tbe bil of exceptions states, and the plaintiff bad announced himself ready,-the defendant submitted a motion to.-suppress--tbe plaintiff’s deposition, (which had been taken on interrogatories and cross-interrogatories,) on tbe grounds…
1Opinion of the CourtStone, J.
It is urged by appellee -that, inasmuch as the decision of the circuit court, -which is sought to be reviewed, was pronounced on a-motion made and heard before the trial was entered upon, the case is not within the -provisions of section 2357 of the Code, which applies only to decisions of the court made on the trial of a cause. The argument is not defensible. Section 23-53 of the Code confers the power of reserving, by bill of exceptions, ‘“any charge, opinion, or decision of the court, which would not otherwise appear of record.” Yet this section contains almost the identical words which…
2Cases cited3 opinions
- Peavey v. BurketSupreme Court of Alabama · 1859
- Moore v. HatfieldSupreme Court of Alabama · 1842
- Shepherd & Gordon v. SpriggsSupreme Court of Alabama · 1857
3Cited by1 opinion
- Ex Parte BrooksSupreme Court of Alabama · 1947