Johnson v. Pensacola & Perdido Railroad
Supreme Court of Florida
Writ of error to the Circuit Court for Escambia county. The plaintiff in error, who was plaintiff in the Circuit Court, sued the defendant in error in an action of assumpsit. The declaration contained several counts, but a non-suit having been taken as to all but the first count, this count alone and the pleadings and proceedings relating to it constitute the case before this court.
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Writ of error to the Circuit Court for Escambia county. The plaintiff in error, who was plaintiff in the Circuit Court, sued the defendant in error in an action of assumpsit. The declaration contained several counts, but a non-suit having been taken as to all but the first count, this count alone and the pleadings and proceedings relating to it constitute the case before this court. The first count alleges that the defendant being a common carrier of lumber and other merchandise between Per-dido bay and Pensacola bay, in the county aforesaid, and as such carrier bound by law to furnish the…
1Opinion of the Court
.Me. Justice Westcott
delivered the opinion of the court.
This writ of error is'prosecuted here by James B. Johnson, the plaintiff in the Circuit Court. What he questions .first, as a matter of practice, is the correctness of the ruling • of the Circuit Court upon the demurrer to defendant’s pleas. The defendant before filing its pleas had demurred to the declaration, and the court had overruled the demurrer. To the ,pleas then filed the plaintiff demurred, and the first question in the case to be;determined is, does this demurrer reach.the declaration, or, the declaration having been sustained…
2Cases cited14 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Young v. MartinSupreme Court of the United States · 1869
- Chicago & Alton Railroad v. Chicago, Vermilion & Wilmington Coal Co.Illinois Supreme Court · 1875
- Chicago & Alton Railroad v. People ex rel. KoernerIllinois Supreme Court · 1873
- Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
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3Cited by35 opinions
- Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
- Interstate Commerce Commission v. Baltimore & Ohio RailroadSupreme Court of the United States · 1892
- Interstate Com. Commiss. v. B. & O. RAILROADSupreme Court of the United States · 1892
- State ex rel. Hopkins v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1924
- State ex rel. Godard v. JohnsonSupreme Court of Kansas · 1900
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