Capital City Water Co. v. City Council of Montgomery
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. 'Tried before the Hon.'John P. Hubbard.
1Opinion of the CourtMcOLELLAN, J.
The appellant Water Company is the plaintiff in this action, in which if is sought to recover damages to the amount of six thousand five hundred dollars from the City of Montgomery. Many demurrers were interposed to the complaint, and among the grounds assigned are that both assumpsit and case are joined in its one count, and that the complaint is vague, uncertain and indefinite in that it does not appear from its averments' whether the cause af action declared on is in assumpsit or case. These grounds of de*368murrer were sustained along with' all others. We refer to them here because of the…
2Cases cited9 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- City of East St. Louis v. East St. Louis Gas Light & Coke Co.Illinois Supreme Court · 1881
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Dively v. City of Cedar FallsSupreme Court of Iowa · 1869
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3Cited by4 opinions
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Atlanta & Birmingham Air Line Ry. v. WoodSupreme Court of Alabama · 1909
- Brooks v. RomanoSupreme Court of Alabama · 1906
- Smith v. East Tenn. Va. & Ga. R. R.Supreme Court of Alabama · 1893