Cochrane v. Fuller
Alabama Court of Appeals
Appeal from Circuit Court, Choctaw County; Ben D. Turner, Judge. Suit by H. C. Puller against John T. Cochrane and M. W. Thompson as receivers of the Alabama, Tennessee & Northern Railway. From judgment for plaintiff, defendants appeal. As to the receivers, the suit is barred by the statute of limitations of one year.
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Appeal from Circuit Court, Choctaw County; Ben D. Turner, Judge. Suit by H. C. Puller against John T. Cochrane and M. W. Thompson as receivers of the Alabama, Tennessee & Northern Railway. From judgment for plaintiff, defendants appeal. As to the receivers, the suit is barred by the statute of limitations of one year. Section 4S40, Code 1907; 109 Ala. 495, 19 South. 705; 57 Al,a. 168; 56 Ala. 390; 200 Ala. 90, 75 South. 466; 165 Ala. 411, 51 South. 871. There was no evidence that the defendants were the receivers or operated any trains over the Alabama, Tennessee & Northern Railroad. 130 Ala.…
1Opinion of the CourtBricken, P. J.
H. C. Puller (appellee) brought suit against the appellants, receivers of the Alabama, Tennessee & Northern Railway for damages done to his mule. Originally the complaint was filed against “John T. Cochrane and M. W. Thompson, receivers,” etc., and was filed on January 31, 1917. The action was based upon an alleged injury inflicted on July 16, 1916. On September 10, 1918, the complaint was amended by adding the word “as” before the word “receivers” so as to make the complaint one against “John T. Cochrane and M. W. Thompson, as receivers of,” etc. After the complaint was so amended, the…
2Cases cited16 opinions
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- Geneva Cooperage Co. v. BrownCourt of Appeals of Kentucky · 1906
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3Cited by5 opinions
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