National Surety Co. v. O'Connell
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by John C. O’-Connell against the National Surety Company on the bond given by one Wilson as principal and said Company as surety. There was a judgment of the Court of Appeals (81 South. 146 *) affirming a judgment, from which the Surety Company had appealed, and the Surety Company brings certiorari.
1Opinion of the Court
ANDERSON, O. J.
Upon the consideration of this application, we are of the opinion that the decision of the Court of Appeals, 81 South. 146, 1 is correct in the final result, and the writ is denied. We must not be understood, however, as sanctioning the opinion of the Court of Appeals, in so far as it reviews or would revise the ruling upon motion to strike nonrecoverable items or immaterial averments from the complaint, as we have a long line of decisions holding that the ruling upon such motions is not revisable by this court, and that advantage must be had by objecting to the evidence or by…
2Cases cited9 opinions
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
- Woodstock Iron Works v. StockdaleSupreme Court of Alabama · 1904
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3Cited by4 opinions
- Mazer v. BrownSupreme Court of Alabama · 1953
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1934
- P. B. Yates MacH. Co. v. TaylorSupreme Court of Alabama · 1926
- Southern Ry. Co. v. PennyAlabama Court of Appeals · 1927