Legal Opinion

Kinney v. Koopman & Gerdes

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 29 opinions

Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. The-facts, of the case of Rudder v. Koopman & Gerdes, are stated in the report of- the case which follows, this case. The following statement is in the case of 'Kinney v. Koopman & Gerdes.

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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. The-facts, of the case of Rudder v. Koopman & Gerdes, are stated in the report of- the case which follows, this case. The following statement is in the case of 'Kinney v. Koopman & Gerdes. This was an action brought by the appellants", P. H. Kinney, etal., ágainst'the appellees, Koopman & Gerdes,.' to recover damages. ' The complaint as originally filed contained one count, which was'as follows : “The plaintiffs claim of .the de? fendants ten'thousand dollars as damages for that, herel tofore, to-wit, on or about…

1Opinion of the CourtColeman, J.

The material questions are the same in both of these cases, and probably it would have been better, had both been submitted together as one. Section 4093 of the Criminal Code of 1886 reads as follows : “Any person, who keeps on hand, at any one time, within the limits of any incorporated city or town, for sale or for use, more than fifty pounds of gunpowder, must, on conviction, be fined not less than one hundred dollars.” In some of the cbunts of the complaint, it is averred that the defendants kept stored, within the corporate limits of the town of Cullman, more than fifty pounds of…

2Cases cited16 opinions

  1. Judson v. Giant Powder Co.California Supreme Court · 1895
  2. Heeg v. . LichtNew York Court of Appeals · 1880
  3. Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
  4. Wilson v. Phoenix Powder Manf'g Co.West Virginia Supreme Court · 1895
  5. Kingsbury v. FlowersSupreme Court of Alabama · 1880

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3Cited by29 opinions

  1. Taylor v. City of CincinnatiOhio Supreme Court · 1944
  2. Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
  3. Horan v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1914
  4. Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
  5. Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905

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

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