Alabama & Florida R. R. v. Watson
Supreme Court of Alabama
Appeal from the Oircut Court of Montgomery. Tried' before the Hon. Thomas M. Arrington. This action was brought by Perry Watson, against the Alabama and Florida Railroad Company, to recover damages for tbe breach of a written agreement, entered into by the defendant with the plaintiff on the 29th day of January, 1861, and was commenced on the 4th day of November, 1862. The substance of the agreement, which was set out in the complaint, was, that defendant hired from…
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Appeal from the Oircut Court of Montgomery. Tried' before the Hon. Thomas M. Arrington. This action was brought by Perry Watson, against the Alabama and Florida Railroad Company, to recover damages for tbe breach of a written agreement, entered into by the defendant with the plaintiff on the 29th day of January, 1861, and was commenced on the 4th day of November, 1862. The substance of the agreement, which was set out in the complaint, was, that defendant hired from plaintiff, from the 1st January, 1861, to the 1st January, 1862, certain slaves, and among them, one named Spencer, to work on…
1Opinion of the CourtByrd, J.
The bill of exceptions shows that “ the defendant demurred to the complaint, and by consent of parties, in open court, the demurrer to the complaint was *77to be deemed as duly filed and every ground of demurrer which should legally be set down or specified was to be deemed as duly set down and specified, and a joinder in demurrer was to be deemed as duly filed and that “ the court, upon full consideration of the argument thereon, overruled said demurrer, to which' ruling and decision of the court the defendants excepted.” The Code provides “ that no demurrer in pleading can be allowed, but to…
2Cases cited9 opinions
- Long v. RodgersSupreme Court of Alabama · 1851
- Helvenstein v. HiggasonSupreme Court of Alabama · 1859
- Jackson's Adm'r v. JacksonSupreme Court of Alabama · 1845
- Alabama & Mississippi Rivers Railroad v. SanfordSupreme Court of Alabama · 1860
- Henderson v. RenfroSupreme Court of Alabama · 1857
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3Cited by3 opinions
- Gulf American Fire and Casualty Co. v. JohnsonSupreme Court of Alabama · 1968
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. WilliamsAlabama Court of Appeals · 1911