Coosa River Steamboat Co. v. Barclay
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. JOHN E. Moore. This action was brought by Barclay & Henderson against the appellant, a corporation chartered by the State of Georgia, to recover damages for injuries to certain goods which the defendant, as a common carrier, undertook to transport down the Coosa river, from Rome to Greensport; ■and was commenced by original attachment on the 23d February, 1864. The pleadings' showed that the injury ¡complained…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. JOHN E. Moore. This action was brought by Barclay & Henderson against the appellant, a corporation chartered by the State of Georgia, to recover damages for injuries to certain goods which the defendant, as a common carrier, undertook to transport down the Coosa river, from Rome to Greensport; ■and was commenced by original attachment on the 23d February, 1864. The pleadings' showed that the injury ¡complained of occurred on the 28th September, 1853 ; and thereupon the defendant moved to quash the attachment, on the ground that…
1Opinion of the CourtStone, J.
In Paschall v. Whitsett, 11 Ala. 478, this court used the following expressions: “It may be conceded, that a statute which merely gives a remedy at law,, where it could previously have been made available in equity only, or vice versa, may, consistently with the constitution, operate retrospectively, so as to embrace contracts already made.” — See, also, Iverson v. Shorter. 9 Ala. 715.
In Hoffman v. Hoffman, 26 Ala. 545, it was said, “Whenever a statute is leveled against an abuse, or in furtherance of an acknowledged principle of right and justice, every reason exists for its most liberal…
2Cases cited18 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Grinder v. NelsonCourt of Appeals of Maryland · 1850
- McArthur v. SearsNew York Supreme Court · 1839
- Williams v. GrantSupreme Court of Connecticut · 1816
- Paschal v. PerezTexas Supreme Court · 1851
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Ex parte PollardSupreme Court of Alabama · 1866
- Reed v. BrunsonSupreme Court of Alabama · 1988
- Steele v. TownsendSupreme Court of Alabama · 1861
- Banks v. SpeersSupreme Court of Alabama · 1892
24 more not listed; retrieve them via the Exa API.