Legal Opinion

Veitch v. Illinois Cent. R. R.

Alabama Court of Appeals

Decided April 6, 1915Published

Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Carlos Veitch against the Illinois Central Railroad Company and others. There was a judgment for defendants, and plaintiff appeals.

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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Carlos Veitch against the Illinois Central Railroad Company and others. There was a judgment for defendants, and plaintiff appeals. The complaint is against the Illinois Central, the Southern Railway, and the Louisville &■ Nashville Railroad, and sought judgment for damages for one car load of chops which is alleged to have been received by them as common carriers to be delivered to plaintiff at Birmingham, that they are common and connecting carriers in the state of Alabama, and that 30, days before the bringing of…

1Opinion of the Court

BROWN, J.(1) The appeal in this case was sued out in term time on the 1st day of April, 1914, and was therefore returnable on the first Monday next after the expiration of 20 days *148from suing out the appeal, or April 27, 1914. The call of the division to which this case belonged commenced on April 20, 1914. The record was filed on Monday, November, 23d, the first day of the next succeeding call, and the case was submitted the following day on the regular call of the docket. On the authority of Cudd v. Reynolds, 186 Ala. 207, 65 South. 41, the motion of appellee to dismiss the appeal must.be…

2Cases cited20 opinions

  1. Sprowl v. LawrenceSupreme Court of Alabama · 1859
  2. Elliott v. HowisonSupreme Court of Alabama · 1906
  3. Morrow v. WoodSupreme Court of Alabama · 1876
  4. Steele v. TutwilerSupreme Court of Alabama · 1880
  5. Missouri Pacific Railway Co. v. Wichita Wholesale Grocery Co.Supreme Court of Kansas · 1895

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