City of Birmingham v. McKinnon
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; E. C. Crow, Judge. Action by H. A. McKinnon against tbe City of Birmingham and others. Judgment for plaintiff, and defendant named appealed to. the Court of Appeals. Cause transferred, under Acts 1911, p. 449, § 6. Most of the facts sufficiently appear.
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Appeal from Circuit Court, Jefferson County ; E. C. Crow, Judge. Action by H. A. McKinnon against tbe City of Birmingham and others. Judgment for plaintiff, and defendant named appealed to. the Court of Appeals. Cause transferred, under Acts 1911, p. 449, § 6. Most of the facts sufficiently appear. The assignments of error referred to are as follows : (2) The court erred in overruling appellant’s objection to the following questions propounded by plaintiff to witness J. E. Burke: “Now, Mr. Burke, if the sidewalk in your territory, and in your beat, and under your supervision, should become…
1Opinion of the CourtSatre, J.
[1] We held on a former appeal in this case (McKinnon v. City of Birmingham, 71 South. 463 1 that the complaint, was not subject to any ground of the demurrer that had been taken against it. The complaint and the demurrer are just as they were then, and, for the purposes of this case at least, the ruling must stand, for it must be that, if the demurrer took objections to the complaint which should have been sustained, they were not then sustained, because they were not then presented to this court in a way that called for decision.
[2] The second, third, fourth, twelfth, and eighteenth…
2Cases cited10 opinions
- City of Birmingham v. CarleSupreme Court of Alabama · 1915
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
- McKinnon v. City of BirminghamSupreme Court of Alabama · 1916
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3Cited by11 opinions
- City of Bessemer v. BarnettSupreme Court of Alabama · 1924
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
- Reed v. L. Hammel Dry Goods Co.Supreme Court of Alabama · 1927
- City of Decatur v. ParhamSupreme Court of Alabama · 1959
- Williams v. City of BirminghamSupreme Court of Alabama · 1929
6 more not listed; retrieve them via the Exa API.