Alabama Western Railroad v. Wilson
Alabama Court of Appeals
Appeal from Marion Circuit Court. Heard before I-Ion. R. T. Simpson, Jr., Special Judge. Action by John Wilson against the Alabama Western Railroad Company, for damages to his land. From a judgment for plaintiff defendant appeals.
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Appeal from Marion Circuit Court. Heard before I-Ion. R. T. Simpson, Jr., Special Judge. Action by John Wilson against the Alabama Western Railroad Company, for damages to his land. From a judgment for plaintiff defendant appeals. The plea in abatement was good under section 6112, Code 1907, unless the action was in tort.- — Sullivan v. Sullivan T. Co.} 103 Ala. 371. If in tort, then under all the evidence the cause of action arose more tlian a year before the commencement of the suit, and. hence, defendant’s charges on that line should have been given. — Sec. 4840, Code 1907. A railroad…
1Opinion of the CourtWalker, P. J.
The defendant pleaded in abatement of the snit that it is a corporation organized under the laws of the state of Alabama, doing business by agent in Jefferson county, the place of the service of the summons and complaint in the cause, and that at the time of the institution of the suit it was not doing business by agent in Marion county. This plea was demurred to, upon the ground, among others, that it did not show that the act or omission complained of in the complaint did not occur in Marion county. The action of the trial court in sustaining this demurrer is assigned as error. While the…
2Cases cited18 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Polly v. McCallSupreme Court of Alabama · 1860
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
- Vinson v. TurnerSupreme Court of Alabama · 1949
22 more not listed; retrieve them via the Exa API.