Strickland v. Wedgeworth
Supreme Court of Alabama
Appeal from Hale .Circuit Court. Heard before Hon. B. M. Miller. Action by James L. Strickland against W. M. Wedgeworth and others. Prom an order discontinuing the cause, plaintiff appeals. The appellant sued the appellees jointly for an assault and battery committed on him. When the case was called for trial, and the court had disposed of severol motion to strike and demurrers to the complaint, defendants all filed pleas to the complaint setting up a common defense.
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Appeal from Hale .Circuit Court. Heard before Hon. B. M. Miller. Action by James L. Strickland against W. M. Wedgeworth and others. Prom an order discontinuing the cause, plaintiff appeals. The appellant sued the appellees jointly for an assault and battery committed on him. When the case was called for trial, and the court had disposed of severol motion to strike and demurrers to the complaint, defendants all filed pleas to the complaint setting up a common defense. After this, without assigning any reason, the plaintiff by motion discontinued as to the defendant Duggar. Thereupon the…
1Opinion of the CourtDenson, J.
It is a subject of express decision by this court, and we believe it is the universal rule, that in actions of this nature — ex delicto actions — the plaintiff may discontinue as to one or more defendants, and maintain his action against the remaining defendants, without discontinuing the entire action. Slade v. Street, *65677 Ala. 576; Montgomery Gas Light Co. v. Montg’y & Eufaula Railway Co., 86 Ala. 372, 5 South. 735, and authorities there cited; Lovelace v. Miller, 150 Ala, 422, 43 South. 735; 6 Ency. Pl. and Pr. 863, 864; 14 Cyc. 411 (F), and authorities cited in notes to the text. This common…
2Cases cited4 opinions
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Irwin v. EversonSupreme Court of Alabama · 1891
- Slade v. StreetSupreme Court of Alabama · 1884
3Cited by5 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Gossett v. MorrowSupreme Court of Alabama · 1914
- Wright v. SampleSupreme Court of Alabama · 1909
- Roman v. DreherAlabama Court of Appeals · 1911
- Walker v. St. Louis-San Francisco Ry. Co.Supreme Court of Alabama · 1926