Alabama Great Southern Railroad v. Moore & Stephens
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. The defendant duly excepted to the action of the court in overruling the objections, stated in the opinion, to the testimony of the plaintiff Stephens as to his conversation with Osborne ; and also excepted to the refusal of the court to give the following, among other written charges requested by it: “The court charges the jury that if they believe the evidence they should find:a verdict for…
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. The defendant duly excepted to the action of the court in overruling the objections, stated in the opinion, to the testimony of the plaintiff Stephens as to his conversation with Osborne ; and also excepted to the refusal of the court to give the following, among other written charges requested by it: “The court charges the jury that if they believe the evidence they should find:a verdict for the defendant.” cited Lankford v. Oreen, 52 Ala. 104; Shumake v. Nelms, 25 Ala. 135; Whitney v. Sullivan, 7 Mass. 107 ;…
1Opinion of the CourtHaralson, J.
This case was tried on the second and fourth counts in the complaint, the first and third having been excluded from consideration by rulings of the court in favor of appellant. The second makes claim for $150, for 493 railroad ties, of the value o.f twenty-eight cents each, and for 89 other railroad ties of the value of fourteen cents each, “sold by plaintiff to defendant in the month of October, 1893;” and the fourth makes claim for a like sum of money, due by account on the......day of October, 1893, “for and on account of railroad ties, the property of plaintiffs, appropriated by defendant…
2Cases cited2 opinions
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
- Huntsvile Belt Line & Monte Sano Railway Co. v. Corpening & Co.Supreme Court of Alabama · 1892
3Cited by7 opinions
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Robinson Lumber Co. v. SagerSupreme Court of Alabama · 1917
- Cowan v. Martin HuckabySupreme Court of Alabama · 1945
- Hall v. NixSupreme Court of Alabama · 1908
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