Hines v. McMillan
Alabama Court of Appeals
Appeal from Circuit Court, Monroe County ; Beu D. Turner, Judge. Action by M. D. McMillan against Walker D. Hines, as Director General, operating the Louisville & Nashville Railroad Company, for damages for killing a mule. Judgment for plaintiff, and defendant appeals. Reversed and remanded in conformity with mandate of Supreme Court, 8T South. 691. The action was for damages for killing a mule.
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Appeal from Circuit Court, Monroe County ; Beu D. Turner, Judge. Action by M. D. McMillan against Walker D. Hines, as Director General, operating the Louisville & Nashville Railroad Company, for damages for killing a mule. Judgment for plaintiff, and defendant appeals. Reversed and remanded in conformity with mandate of Supreme Court, 8T South. 691. The action was for damages for killing a mule. The second plea is that the mule was killed by defendant’s train upon a portion of •defendant’s railroad within a fence erected by defendant in conformity to a notice of the Public Service Commission…
1Opinion of the CourtSAMfORD, J.
[1] Plaintiff moves this court for a dismissal of the "appeal, because the appellant had not complied with the statute requiring the appellant to file the transcript in the office of the clerk of this court within 60 days after the signing of the bill of exceptions. Recognizing .this rule and that the transcript had not been filed in the time prescribed, appellant files a petition to be allowed 10 days’ additional time, alleging matter and facts evidencing diligence on its part in perfecting and preparing the transcript, resulting in the delay. The statute (acts 1919, p. 85), while mandatory,…
2Cases cited6 opinions
- McPherson v. StateSupreme Court of Alabama · 1916
- Britton v. StateAlabama Court of Appeals · 1917
- Hines v. McMillanSupreme Court of Alabama · 1920
- Ex Parte Mobile Light R. Co.Supreme Court of Alabama · 1918
- Zadek v. ForcheimerAlabama Court of Appeals · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Allison v. Fuller-Smith & Co.Alabama Court of Appeals · 1924
- Felder v. StateAlabama Court of Appeals · 1931
- Richardson v. StateAlabama Court of Appeals · 1940
- Merritt v. BlackwellSupreme Court of Alabama · 1921
- Thompson v. Manufacturers' Finance Acceptance Corp.Alabama Court of Appeals · 1933
2 more not listed; retrieve them via the Exa API.