Legal Opinion

Ala. Great Southern Railroad v. Chumley

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 22 opinions

Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Siiarpe. The facts are sufficiently set forth in the opinion. The case was tried without the intervention of a jury; and upon the evidence as adduced, the judge rendered judgment for the plaintiff’; and his ruling in this behalf is assigned as error on this appeal. cited J¡. I, V. db G. R. R. Go. v. Kennedy, 88 Ala. 462; L. da K. R. R. Go. v. Dooley, '78 Ala. 524; Gen. R. R. c& Bh.

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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Siiarpe. The facts are sufficiently set forth in the opinion. The case was tried without the intervention of a jury; and upon the evidence as adduced, the judge rendered judgment for the plaintiff’; and his ruling in this behalf is assigned as error on this appeal. cited J¡. I, V. db G. R. R. Go. v. Kennedy, 88 Ala. 462; L. da K. R. R. Go. v. Dooley, '78 Ala. 524; Gen. R. R. c& Bh. Go. v. Garr, 76 Ala. 388; Qriel v. Lofti.n, 65 Ala. 591; Ware v. Roberson, 18 Ala. 105; Mills v. Steioart, 12 Ala. 97; Gar son v. M. d- G. R. R.…

1Opinion of the CourtOlopton, J.

Appellee having recovered judgment by default against appellant in a justice’s court i'or wages due him, the case was removed by certiorari to the City Court. On the trial de novo in the City Court, appellant set up as defense, that H. B. Case sued plaintiff in a justice’s court in Hamilton county, Tennessee, and recovered judgment August 16,1884. Sundry executions having been issued, and returned “no property,” a pluries execution was issued on the judgment, and placed in the hands oí a regular constable, who duly garnisheed defendant. The company answered the garnishment, admitting…

2Cases cited4 opinions

  1. Central Railroad & Banking Co. v. CarrSupreme Court of Alabama · 1884
  2. Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
  3. Green v. Farmers & Citizens' BankSupreme Court of Connecticut · 1857
  4. East Tenn., Va. & Ga. Railroad v. KennedySupreme Court of Alabama · 1887

3Cited by22 opinions

  1. Ex Parte Southern Ry. Co.Supreme Court of Alabama · 1989
  2. Dozier Lumber Co. v. Smith-Isburg Lumber Co.Supreme Court of Alabama · 1905
  3. Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
  4. Renier v. HurlbutWisconsin Supreme Court · 1891
  5. Louisville & Nashville Railroad v. NashSupreme Court of Alabama · 1897

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