Middleton v. Western Union Telegraph Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Mrs. H. V. Middleton against the Western Union Telegraph Company, for damages for failure to deliver a message. Judgment for defendant and plaintiff appeals.
1Opinion of the Court
SOMERVILLE, J.(1) As the minute entry shows no ruling on demurrers to pleas 3, 4, 5, and 6, we cannot consider the first and second assignments of error which presuppose such a ruling.(2) The third assignment is that the trial court “erred in sustaining the defendant’s demurrers to the plaintiff’s replications, 1, 2, 3, and 4, respectively.” It is well settled under our practice that the appellant can take nothing under such an assignment if any one of the replications in question was subject to the demurrer directed against it. — Brent v. Baldwin, 160 Ala. 635, 49 South. 343; Ryall v.…
2Cases cited8 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. BowmanSupreme Court of Alabama · 1904
- Wilkinson v. WilliamsonSupreme Court of Alabama · 1884
- Byrd v. BeallSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Green v. StateSupreme Court of Alabama · 1953
- Mobile & O. R. Co. v. WatsonSupreme Court of Alabama · 1930
- National Union Fire Ins. Co. v. LassetterSupreme Court of Alabama · 1932
- Bradley v. JonesSupreme Court of Alabama · 1968
- Ledbetter v. Frosty Morn MeatsSupreme Court of Alabama · 1963
4 more not listed; retrieve them via the Exa API.