Mobile L. R. Co. v. Copeland Son
Alabama Court of Appeals
Appeal from Mobile Circuit Court. Heard before Hon. S. B. Browne. Action by the Mobile Light & Railroad Company against S. D. Copeland & Son, and the individuals composing the firm. From a judgment for defendants, plaintiffs appeal.
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Appeal from Mobile Circuit Court. Heard before Hon. S. B. Browne. Action by the Mobile Light & Railroad Company against S. D. Copeland & Son, and the individuals composing the firm. From a judgment for defendants, plaintiffs appeal. The sixth count alleges that plaintiff has owned and operated since May, 1913, under a franchise from the city of Mobile, a line of street railways upon and along Dauphin street, a public street in the city of Mobile, for the common carriers of passengers for hire, over double tracks laid upon and embedded in said Dauphin street, and that during the months of May…
1Opinion of the Court
BROWN, J. —
It seems to be conceded by the parties that the .ruling of the court on the demurrer to the sixth count of the •complaint fully presents the questions to be settled by this appeal; and, as counsel for appellant have limited their argument to the assignment of error predicated on this ruling, the court will only treat the questions thus presented.(1) It is well settled where one person, in order to protect his own interest, pays a debt for which another is legally liable, the law implies an assumpsit on the part of the latter to the former. — Beard v. Horton, 86 Ala. 202, 5 South.…
2Cases cited6 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Nutter v. SydenstrickerWest Virginia Supreme Court · 1877
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
- Beard v. HortonSupreme Court of Alabama · 1888
- Hill v. City of St. LouisSupreme Court of Missouri · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
- Vaughn v. StateAlabama Court of Appeals · 1919
- Hatcher & Snyder v. Atchison, T. & S. F. Ry. Co.District Court, D. Colorado · 1919
- Johnson v. State Ex Rel. City of BirminghamSupreme Court of Alabama · 1944
- Golden Mane Acquisitions, Inc. v. 100 Wall Street Associates (In Re Golden Mane Acquisitions, Inc.)United States Bankruptcy Court, N.D. Alabama · 1999