Henry v. Milner
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Suit by Gertrude Milner, by next friend against Jo L. Henry, for damages from frightening of a mule by defendant’s automobile. From judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Suit by Gertrude Milner, by next friend against Jo L. Henry, for damages from frightening of a mule by defendant’s automobile. From judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Suit by appellee against appellant to recover damages alleged to have resulted from the frightening of a mule by appellant’s automobile, resulting in judgment for the plaintiff for $475, from which this appeal is prosecuted. Counts 1 and 2 of the complaint were eliminated by demurrer, and…
1Opinion of the CourtGardner, J.
Each count of the complaint is considered as a statement of a different cause of action.” It is often proper, to avoid unnecessary repetition, that one count should refer to the other, but if there is no express reference the several counts are considered as distinct, as if contained in separate declarations. Bryant v. Southern Ry. Co., 137 Ala. 488, 34 South. 562.
[2] This cause was tried upon count 3, as shown in the statement of the case. Doubtless counsel were under the impression that it contained some reference to, and adoption of, some portion of other counts which -had been eliminated.…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
- Jordan v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1901
3Cited by1 opinion
- Seymour v. DaySupreme Court of Alabama · 1921