McDaniel v. Johnston

Decided November 15, 1895

Supreme Court of Alabama · decided 1895-11-15

Tried before the Hon. H. C. Speake. On the 16th day of April, 1891, the'appellee, John F. Johnston, brought suit against the appellant, Dock'McDaniel, in the Circuit Court of Morgan county, Alabama, by filing a complaint in these words: “Plaintiff claims of the defendant one hundred and two ($102) dollars, for injury to certain goods, viz: Three (8) bales of cotton received by him as a common carrier, to be delivered to the plaintiff, at Bluff City, on the Tennessee river in…

Relies on McCarthy v. Louisville & Nashville Railroad · Ala. Great Southern Railroad v. Eichofer

Good law ✅— No negative treatment on recordhow we know

Decided 1895-11-15

How this case has been cited

Cited by 13 later decisions — most recently September 2016

12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On ReheariNo.

¶2Upon further consideration of the application for rehearing, the court has reached the conclusion, in line with Ala. Gr. So. R. R. Co. v. Eichofer, 100 Ala. 224, McCarthy et al. v. L. & N. R. R. Co., 102 Ala. 193, and a case decided from the bench on argument at the present term, that the action in the present cause is ex contractu and not ex delicto as we formerly held. The former opinion bearing on this point and upon the question whether defendant was entitled to exemption against the judgment and execution in the case is withdrawn. This con-*533elusion leads to a reversal of the judgment on the issue of exemptions vd non because of the giving of the affirmative charge for the plaintiff in execution and its refusal to the defendant.

¶3Rehearing granted. Former judgment set aside. Judgment of circuit court reversed. Cause remanded.

¶4Reversed and remanded.