Atlantic Coast Line R. Co. v. Carroll
Supreme Court of Alabama
Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Action by Yancy Carroll, as administratrix of the' estate of Clifton Carroll, deceased, against the Atlantic Coast Line Railroad and others. From a judgment for plaintiff, the named defendant appeals.
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Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Action by Yancy Carroll, as administratrix of the' estate of Clifton Carroll, deceased, against the Atlantic Coast Line Railroad and others. From a judgment for plaintiff, the named defendant appeals. Count 1 of the complaint, on which the case was tried, alleges, in substance, that Clifton Carroll, while passing along the sidewalk in the city of Ozark, came in contact with a guy wire which had become charged with electricity, and was killed; that the defendant city of Ozark was operating an electric light and power plant, of…
1Opinion of the CourtAnderson, C. J.
[1] The summons as served upon this appellant does not entirely conform to the form prescribed by section 5299 of the Code of 1907, as it does not direct the defendant “to appear at the next term of the circuit court, to be held for said county at the place of holding same.” It does, however, direct the defendant to appear and answer the cause there described, and shows that it was pending in the Dale circuit court, and the failure to fix the time for appearance and answer did not render the summons subject to the appellant’s motion to quash the same, as the law fixes the time within which…
2Cases cited8 opinions
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- Emerson v. Lowe Mfg. Co.Supreme Court of Alabama · 1909
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