Legal Opinion

Kansas City, M. & B. R. R. v. Sanders

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 22 opinions

Appeal from Walker Circuit Court. Tried before the Hon. James B. Head. Action by Bell Sanders, as administratrix, against the Kansas City, Memphis & Birmingham Railroad Company, for the wrongful death of R. E. Sanders.

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Appeal from Walker Circuit Court. Tried before the Hon. James B. Head. Action by Bell Sanders, as administratrix, against the Kansas City, Memphis & Birmingham Railroad Company, for the wrongful death of R. E. Sanders. Before proceeding to the trial of the cause the defendant made a motion for a change of venue, making affidavit that because of the facts set forth in the affidavit the defendant could not have a fair and impartial trial in the county of Walker, where the trial was then pending in the Circuit Court. There was a great deal of evidence introduced in support of this motion. On…

1Opinion of the CourtMcCLELLAN, J.

Under statutes, of force prior to the Act of February 17, 1885 — Code, § 4485 — it was many times decided that the action of a nisi prim court denying an application for a change of venue was not 'revisable on appeal to this court. It is true that those adjudications were made in criminal cases, but there is no ground for a distinction in this regard between civil and criminal causes; the same considerations which led to the conclusion that an appeal would not lie from a refusal to grant a change of venue in a criminal case fully obtain in respect of, and would necessarily have led to the…

2Cases cited1 opinion

  1. Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892

3Cited by22 opinions

  1. Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
  2. Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
  3. First National Bank v. ChandlerSupreme Court of Alabama · 1905
  4. Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
  5. Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1897

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