Daniels v. Carney
Supreme Court of Alabama
Action for Damages for Death hy Wrongful Act. Appeal from Mobile Circuit Court. Heard, beore Hon. Samuel B. Browne. Action by Ella Daniels ,as .administratrix, against James A. Carney, administrator of Louisa Carney, deceased, to recover for personal injuries resulting in tbe death of plaintiff’s intestate. From a judgment sustaining demurrers to tbe complaint, plaintiff appeals.
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Action for Damages for Death hy Wrongful Act. Appeal from Mobile Circuit Court. Heard, beore Hon. Samuel B. Browne. Action by Ella Daniels ,as .administratrix, against James A. Carney, administrator of Louisa Carney, deceased, to recover for personal injuries resulting in tbe death of plaintiff’s intestate. From a judgment sustaining demurrers to tbe complaint, plaintiff appeals. The pleadings sufficiently appear in tbe opinion of tbe court. — Tbe court erred in sustaining the demurrer to count 1. — Const. 1901, § 24;' 16 A. & É. Ency. of Lay, 236; G. of Ga. By. Go. v. Vaughan, 93 Ala. 210;…
1Opinion of the CourtDowdell, J.
— The complaint was originally filed containing two counts, and was afterwards amended by the addition of the third count, which latter count was subsequently amended. The complaint was demurred to, both as originally filed and as amended, which demurrers being sustained by the court, the plaintiff declined to further plead, and thereupon judgment was rendered for the defendant, from which judgment the present appeal is prosecuted. The court’s ruling on the demurrers constitutes the basis of the first four assignments of error; thp fifth and last assignment being based on the final judgment…
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- Lampkin v. Louisville & Nashville RailroadSupreme Court of Alabama · 1894
- De Lelle v. The AtalantaDistrict Court, S.D. New York · 1888
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- Foster v. HollySupreme Court of Alabama · 1861
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