Legal Opinion

Pullman Palace Car Co. v. Harrison

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 27 opinions

Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Spiiott. This action was brought by the appellee againsttheappelant. The facts of the case are sufficiently stated in the opinion. The substance of the plea in abatement which was filed by the defendant to the jurisdiction of the court and the grounds of demurrer thereto are stated in the opinion. The court sustained this demurrer.

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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Spiiott. This action was brought by the appellee againsttheappelant. The facts of the case are sufficiently stated in the opinion. The substance of the plea in abatement which was filed by the defendant to the jurisdiction of the court and the grounds of demurrer thereto are stated in the opinion. The court sustained this demurrer. Thereupon the defendant demurred to the complainant upon the grounds that it shows that the court has no jurisdiction of the action and that it does not show a liability on the part of…

1Opinion of the Court

TYSON J.

— The .plaintiff commenced this suit by attachment against defendant upon an affidavit averring that defendant is justly indebted to him in damages for the negligent loss of his valise and baggage while he was a guest on one of its sleeping cars, in the sum of $161.30,” which was past due, and that defendant resides out of the State of Alabama. Accompanying it was an additional affidavit as required by section 529 of the Code of 3896 (§2934, Code, 1886) setting up the facts out of which the 'cause of action arose. It appears from the latter that plaintiff was traveling from the city…

2Cases cited13 opinions

  1. St. Clair v. CoxSupreme Court of the United States · 1882
  2. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  3. Goodman v. WinterSupreme Court of Alabama · 1879
  4. Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
  5. Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887

8 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. McKnett v. St. Louis & San Francisco Railway Co.Supreme Court of the United States · 1934
  2. Ex Parte Southern Ry. Co.Supreme Court of Alabama · 1989
  3. Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
  4. Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
  5. Goodwater Warehouse Co. v. StreetSupreme Court of Alabama · 1902

22 more not listed; retrieve them via the Exa API.

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