Tallassee Falls Manufacturing Co. v. Western Railway
Supreme Court of Alabama
Arrear from the Circuit Court of Montgomery. Tried before the Hon. J. €. Richardson. This suit was brought by the Tallassee Falls Manufacturing Company for the use of fire insurance companies, against the Western Railway of Alabama.
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Arrear from the Circuit Court of Montgomery. Tried before the Hon. J. €. Richardson. This suit was brought by the Tallassee Falls Manufacturing Company for the use of fire insurance companies, against the Western Railway of Alabama. The first count of the complaint, which was the one upon which the trial was had,claimed damages for the failure to deliver certain cotton, which the defendant received at Montgomery as a common carrier and agreed, for a reward, to deliver it to Cowles station, and is in substantially the Code form. This count was subsequently amended by adding thereto the…
1Opinion of the CourtSharpe, J.
The recitals -found in this record relating to demurrers ¡to pleadings are not such as show or constitute a judgment either sustaining or over-rulings either of the demurrers; and under the rule established by several decisions of this court upon the effect of such recitals the appellant can take nothing by assignments of error based upon them. — Jasper Mer. Co. v. O’Rear, 112 Ala. 247; McKissick v. Witz, 120 Ala. 412; Bessemer L. & I. Co. v. DuBose, 125 Ala. 442; Hereford v. Combs, 126 Ala. 369.
The issue joined upon the somewhat meagre 9th plea presents substantially the merits of the case.…
2Cases cited13 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Herrington v. HudsonSupreme Court of Alabama · 1955
- Johnson v. BryarsSupreme Court of Alabama · 1956
- Thomas v. WhiteSupreme Court of Alabama · 1943
- Alabama Great Southern Railway Co. v. NorrisSupreme Court of Alabama · 1910
13 more not listed; retrieve them via the Exa API.