Legal Opinion

Savannah, Americus & Montgomery Railway v. Buford

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 51 opinions

Appeal from the Circuit Court of Macon. Tried before the Hon. N. D. Denson. This action was brought by the appellee, Annie E. Buford, against the Savannah, Americus & Montgomery Railway, to recover damages for injury to the plaintiff's land, by reason of the overflow of surface water thereon, which was alleged to have been caused by the construction by the defendant of its railway, across the plaintiff’s- land; and the suit was instituted on August 12,1892. As originally…

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Appeal from the Circuit Court of Macon. Tried before the Hon. N. D. Denson. This action was brought by the appellee, Annie E. Buford, against the Savannah, Americus & Montgomery Railway, to recover damages for injury to the plaintiff's land, by reason of the overflow of surface water thereon, which was alleged to have been caused by the construction by the defendant of its railway, across the plaintiff’s- land; and the suit was instituted on August 12,1892. As originally brought, the action was against the ‘ ‘ Savannah, Americus & Montgomery Railroad Company.” The defendant filed a plea in…

1Opinion of the CourtBrickell, C. J.

— A corporation must sue and be sued by its proper corporate name ; the name by which it is styled in the law of its creation, or the name which it may have acquired by user. In this respect, the same rules of pleading are applied, which would apply if the suit was by or against a natural person. If the corporation sues or is sued by a wrong name, the only mode of taking advantage of the misnomer, is by a plea in abatement, and if that mode is not resorted to, the error is waived. — 1 Morawetz Corp., § 355 ; Ang. & Ames Corp., *309§ 650 etseq; Smith v. Plank-Road Co., 30 Ala. 650. It is merely…

2Cases cited19 opinions

  1. Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1891
  2. Hughes v. AndersonSupreme Court of Alabama · 1880
  3. Nininger v. NorwoodSupreme Court of Alabama · 1882
  4. Polly v. McCallSupreme Court of Alabama · 1860
  5. Crabtree v. BakerSupreme Court of Alabama · 1883

14 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
  2. West Pratt Coal Co. v. DormanSupreme Court of Alabama · 1909
  3. Dean v. County Board of EducationSupreme Court of Alabama · 1923
  4. Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
  5. Washington v. NorwoodSupreme Court of Alabama · 1900

46 more not listed; retrieve them via the Exa API.

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