City of Bessemer v. Whaley
Alabama Court of Appeals
Appeal from. Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Mrs. S. J. Whaley against the city of Bessemer for damages for injuries received because of a defect in a sidewalk. Judgment for. plaintiff and defendant appeals. Reversed and remanded.
Read the full summary
Appeal from. Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Mrs. S. J. Whaley against the city of Bessemer for damages for injuries received because of a defect in a sidewalk. Judgment for. plaintiff and defendant appeals. Reversed and remanded. The demurrers to the complaint should have been sustained because the complaint failed to join as party defendant, one who it appeared from the face of the complaint was equally as liable as the city, the complaint alleging no excuse for not joining such party. — Secs. 1273-4, Code 1907; 122 Mass. 100; City of Montgomery v. McCabe, 6…
1Opinion of the CourtThomas, J.
On. the original submission of this case we reversed and remanded the cause on the point, without considering any others raised by the record, that the lower court erred in not sustaining certain named grounds of the demurrer to the complaint, which went to the very cause of action alleged.
Such holding on our part rendered unnecessary, of course, a decision upon any of the other questions presented, since it completely disposed of the case, as will fully appear from the opinion of this court reported in City of Bessemer v. Whaley, 8 Ala. App. 523, 62 South. 473. The case ivas subsequently…
2Cases cited12 opinions
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
- Ashford v. AshfordSupreme Court of Alabama · 1902
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
- Brent v. BaldwinSupreme Court of Alabama · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Snellings v. JonesAlabama Court of Appeals · 1947
- Lusk v. WadeSupreme Court of Alabama · 1953
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914