Louisville & Nashville R. R. v. McCool
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by J. M. McCool against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The action was detinue for certain articles shipped •over the Louisville & Nashville line, and alleged to be in their freight depot at Montgomery.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by J. M. McCool against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The action was detinue for certain articles shipped •over the Louisville & Nashville line, and alleged to be in their freight depot at Montgomery. Plea 2 is as follows : “The defendant avers that it was, on, to wit, October 16, 1908, a common carrier; that it received on ■October 10, 1908, at its office in the city of Montgomery the property sued for and consigned to plaintiff; that on, to wit,…
1Opinion of the CourtMcCLELLAN, J.
Detinue by appellee for chattels in possessin of the appellant as a common carrier and consigned to appellee. The appeal is on the record, only; and the assignments of error insisted upon in brief for appellant relate, alone, to rulings sustaining demurrers to peas 2, 3, and 4.
There are no demurrers assailing pleas 3 and 4, set out in the transcript. Hence, assignments predicated on these rulings cannot be reviewed. — 1 May. Dig. p. 181, subhead 945. We are, hence, remitted to a consideration of the propriety of the action of the court in sustaining demurrers to plea 2. This plea, as well as…
2Cases cited8 opinions
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Corpening & Co. v. Worthington & Co.Supreme Court of Alabama · 1892
- Bennett & Co. v. BrooksSupreme Court of Alabama · 1906
- Southern Railway Co. v. WilsonSupreme Court of Alabama · 1903
- Tallassee Falls Mfg. Co. v. MooreSupreme Court of Alabama · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Regional Agricultural Credit Corp. v. HendleySupreme Court of Alabama · 1948
- Moss v. StateAlabama Court of Appeals · 1917
- Wade v. StateSupreme Court of Alabama · 1911
3 more not listed; retrieve them via the Exa API.