Kansas City, Memphis & Birmingham Railroad v. Robertson
Supreme Court of Alabama
Appeal from the Circuit Court of Marion. Tried before the Hon. Thomas R. Rouli-iac. This action was brought before a justice of the peace. On appeal from his judgment to the circuit court, it was tried de novo before the judge, without a jury, and judgment rendered for the plaintiff, the appellee here. The appeal is by the defendant from that judgment. cited Rycds v. Prince, 82 Ala. 264; Oliver v. Holt, 11 Ala. 574; S. & N. R. R. Co. v. Henlein, 56 Ala. 868; 1 Am. & Eng.
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Appeal from the Circuit Court of Marion. Tried before the Hon. Thomas R. Rouli-iac. This action was brought before a justice of the peace. On appeal from his judgment to the circuit court, it was tried de novo before the judge, without a jury, and judgment rendered for the plaintiff, the appellee here. The appeal is by the defendant from that judgment. cited Rycds v. Prince, 82 Ala. 264; Oliver v. Holt, 11 Ala. 574; S. & N. R. R. Co. v. Henlein, 56 Ala. 868; 1 Am. & Eng. Encyc. of Law, p. 184 c; Manderville v. Welch, 5 Wheat. 277; Casselberry v. Forquer, 27 111. 170. contended that the rule…
1Opinion of the CourtHaralson, J.
The case was tried by the court, without the intervention of a jury. The cause of action, as set out in the complaint, reads : “Cause of action is brought upon an order from Sam Smith, to said Thos. H. Robertson, [the plaintiff, against the K. C. M., & B. R. R. Co., the appellant] for twenty-one days’ work done for said company by Sam Smith, in the month of May, 1895, on section 16, and time sold to Thos. H. Robertson.” The defense to the action was set up by several pleas, which were in substance á denial of each and every allegation of the complaint and that the defendant was indebted to…
2Cases cited7 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Grain v. AldrichCalifornia Supreme Court · 1869
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Liddell v. ChidesterSupreme Court of Alabama · 1887
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3Cited by15 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Rivers v. Wright & Co.Supreme Court of Georgia · 1903
- Dill v. BlakeneySupreme Court of Alabama · 1990
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
- Darling Shop of Birmingham, Inc. v. Nelson Realty Co.Supreme Court of Alabama · 1954
10 more not listed; retrieve them via the Exa API.