Western Railroad v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought by Thomas E. Davis, against the “Western Railroad Company,” and was commenced before a justice of the peace, on the 20fcb November, 1876. The summons issued by the justice was returned “Served the within on Ag’t Western Railroad Go.;” and the cause of action, as claimed, was “twelve dollars, due by account, for oue heifer tilled by said railroad company.”
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Appeal from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought by Thomas E. Davis, against the “Western Railroad Company,” and was commenced before a justice of the peace, on the 20fcb November, 1876. The summons issued by the justice was returned “Served the within on Ag’t Western Railroad Go.;” and the cause of action, as claimed, was “twelve dollars, due by account, for oue heifer tilled by said railroad company.” On appeal to the Circuit Court, the plaintiff there filed a complaint against “the Western R. R. Company of Alabama,” as follows: “The…
1Opinion of the CourtSomerville, J.
The controlling question in this ease-is raised by the refusal of the Circuit Court to give charges numbered 1, 2 and B, as requested, in writing, by the appellant.
The facts of the case show that the appellant corporation was chartered, in the year I860, by the legislature of Alabama, under the name of “ The Western Railroad Company ' of Alabama.” Subsequently, under a power conferred in its-charter, the company mortgaged to certain creditors “ their franchise, and all their other property,” which is specially enumerated, and includes “ the railroad, depots-, machine-shops, the entire…
2Cases cited2 opinions
- Metz v. Buffalo, Corry & Pittsburgh RailroadNew York Court of Appeals · 1874
- Tuskaloosa Scientific & Art Ass'n v. GreenSupreme Court of Alabama · 1872
3Cited by2 opinions
- Western Railway v. McCallSupreme Court of Alabama · 1889
- Singer Manufacturing Co. v. GreenleafSupreme Court of Alabama · 1893