Louisville & Nashville Railroad v. Hall
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action of trespass quare claumm, freg-it brought by the appellee, J. N. Hall, against the appellants, the Louisville & Nashville Railroad Company, J. I. McKinney, T. H. Mizell and H. A. Shield, the Mobile & Montgomery Railroad Company and the Western Railway of Alabama; and sought to recover damages for entering upon the premises called “The Joe Hall Boarding House Property,” near the…
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action of trespass quare claumm, freg-it brought by the appellee, J. N. Hall, against the appellants, the Louisville & Nashville Railroad Company, J. I. McKinney, T. H. Mizell and H. A. Shield, the Mobile & Montgomery Railroad Company and the Western Railway of Alabama; and sought to recover damages for entering upon the premises called “The Joe Hall Boarding House Property,” near the city of Montgomery, and laying a railroad track thereon, against the protest of the plaintiff. The defendants pleaded the…
1Opinion
On Application for Rehearing.
The other members of the court while still adhering to their position in respect to striking the bill of exception's, however, recede’ from their conclusion as to a reversal of the judgment in the cause. While conceding there was error in the ruling® of the trial court in sustaining the demurrer to the special plea, they now hold, that it was error without injury. They predicate *169their conclusion in this respect upon the proposition that the facts alleged in the plea could have been introduced in evidence, not that they were, under the plea' of the general issue —…
2Cases cited11 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
- Owings v. BinfordSupreme Court of Alabama · 1885
- Lambie v. Sloss Iron & Steel Co.Supreme Court of Alabama · 1897
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