Amerson v. Montgomery & Mobile Railroad
This text of 50 Ala. 497 (Amerson v. Montgomery & Mobile Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
I have carefully examined the case presented by the record, and cannot perceive any distinction between it and the case of Paulling v. Marshall & Wife, 47 Ala. 270. In this latter case it was said : “ Where the defendant demurs to the plaintiff’s complaint, and it is sustained by the court, and the plaintiff excepts to the decision of the court, and thereupon suffers a nonsuit, such a nonsuit must be regarded as a voluntary, and not as a necessary nonsuit; and such a nonsuit will not be set aside on appeal, under section 2759 of the Revised Code.” This is precisely the present case. The nonsuit will not be set aside in such a case. Darden v. James. The judgment of the court below is affirmed.
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50 Ala. 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amerson-v-montgomery-mobile-railroad-ala-1874.