Southern Railway Co. v. McIntyre
Supreme Court of Alabama
Action for Damages to Trespass to Land. Appeal from Morgan Circuit Court. Heard before -Hon. Marvin West, Special Judge. Action by Bufus P. McIntyre against the Southern Bailway Company. Prom a judgment for plaintiff, defendant appeals.
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Action for Damages to Trespass to Land. Appeal from Morgan Circuit Court. Heard before -Hon. Marvin West, Special Judge. Action by Bufus P. McIntyre against the Southern Bailway Company. Prom a judgment for plaintiff, defendant appeals. The first count of the complaint, after describing the land alleged to have been trespassed upon, the improvements thereon, and that the defendant is a railway corporation engnged in the operan on of trains, etc., alleges that on or about the 1st day of December, 1904, the defendant caused an excavation two or three feet deeu to be made on and across…
1Opinion of the Court
ANDERSON, J.-
Whether the amendment was within the lis pendens, and related back to the original complaint, or not, if properly made as a separate and distinct count, we need not decide, as its being added to the first count as a part thereof rendered the count as amended bad, and subject to the demurrer. A count which unites several distinct causes of action is bad, notwithstanding they might be joined in one complaint in separate and distinct counts. — Iron City Mining Co. v. Hughes, 144 Ala. 608, 42 South. 39; A. G. S. R. R. Co. v. Shahan, 116 Ala. 302, 22 South. 509; L. & N. R. R. Co. v.…
2Cases cited6 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Alabama Great Southern Railroad v. ShahanSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. CoferSupreme Court of Alabama · 1895
- Offield v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Sloss-Sheffield Steel & Iron Co. v. PayneSupreme Court of Alabama · 1915
- Interstate L. Co. v. DukeSupreme Court of Alabama · 1913
- Graham v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1928
- National Baking & Lunch Co. v. WilsonSupreme Court of Alabama · 1916
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