Atlanta & Birmingham Air Line Ry. v. Wood
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jb. Action by O. J. Wood against the Atlanta & Birmingham Air Line Railway, for damages caused by filling up a pond in the construction of an embankment. Judgment for plaintiff and defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jb. Action by O. J. Wood against the Atlanta & Birmingham Air Line Railway, for damages caused by filling up a pond in the construction of an embankment. Judgment for plaintiff and defendant appeals. There is no merit in the motion made to strike the bill of exceptions for the reason that the order extending the time was made in term time by the court, and the court did not exhaust its power in making one extension. — Acts 1896-7, p. 321; Sec. 617, Code 1896; Laclcl v. The State, 92 Ala. 52; A. M. R. R. Go. v. Marcus, 128…
1Opinion of the CourtMayfield, J.
The complaint, as amended, contained six counts. The affirmative charge was given as to the fourth count, at the request of the defendant, appellant here, and we need not pass on the rulings of the lower court as to the demurrers to it. The other five counts, properly interpreted, stated a substantial cause of action in case, and were not subject to any of the grounds of demurrer assigned. A demurrer goes to the whole count, and, except in suits on bonds, assigning special breaches, is not the proper mode of raising an objection to only a part of the count. — Pryor v. Beck, 21 Ala, 393;…
2Cases cited12 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Stein v. BurdenSupreme Court of Alabama · 1854
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brown v. Alabama Power CompanySupreme Court of Alabama · 1963
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
- Commonwealth, Department of Highways v. CochraneCourt of Appeals of Kentucky (pre-1976) · 1965
8 more not listed; retrieve them via the Exa API.