Prichard v. Sweeney
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action by Cleveland Prichard against Patrick Sweeney. The opinion sufficiently describes the complaint. The court sustained a demurrer to the first count. Upon the court’s sustaining objections by the defendant to the evidence offered by the plaintiff, tending to show the facts upon which he relied for a recovery, the plaintiff took a non-suit, with a bill of exceptions.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action by Cleveland Prichard against Patrick Sweeney. The opinion sufficiently describes the complaint. The court sustained a demurrer to the first count. Upon the court’s sustaining objections by the defendant to the evidence offered by the plaintiff, tending to show the facts upon which he relied for a recovery, the plaintiff took a non-suit, with a bill of exceptions. Prom the judgment rendered in favor of the defendant the plaintiff appeals, and assigns as errors the ruling of the court in…
1Opinion of the CourtBrickell, C. J.
1. Originally, a plaintiff voluntarily taking a non-suit could not maintain a writ of error or appeal, however erroneous may have been the rulings of the court, or the proceedings prior to the non-suit ; and this for the reason that a final judgment only would support a writ of error or an appeal. The present statute authorizes a plaintiff submitting to a non-suit, in consequence of adverse rulings of the court, to revise such rulings on appeal, if to them exceptions be reserved: — Code, § 2759. The uniform construction of the statute has been that it relates exclusively to rulings of the…
2Cases cited15 opinions
- Railroad Co. v. CommissionersSupreme Court of the United States · 1879
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Powers v. AndrewsSupreme Court of Alabama · 1887
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3Cited by24 opinions
- Francis v. WhiteSupreme Court of Alabama · 1909
- Slaughter v. WebbSupreme Court of Alabama · 1921
- Francis v. WhiteSupreme Court of Alabama · 1904
- New York Life Ins. Co. v. MasonSupreme Court of Alabama · 1938
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
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