Firemen's Insurance v. Cochran & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hón. Alex. McKinstry. Trover by the appellant against S. W. &• S. ^jpochra^s^'"' Co., to recover the value of certain bills of excliange^ánd promissory notes, amounting in all to near $20,000. The defendants pleaded the general issue, together with several special pleas, which are as-follows :■*- “ 2. That on the 28th December, 1850, plaintiff sued one Rufus Greene, who before that time had been the secretary of said…
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Appeal from the City Court of Mobile. Tried before the Hón. Alex. McKinstry. Trover by the appellant against S. W. &• S. ^jpochra^s^'"' Co., to recover the value of certain bills of excliange^ánd promissory notes, amounting in all to near $20,000. The defendants pleaded the general issue, together with several special pleas, which are as-follows :■*- “ 2. That on the 28th December, 1850, plaintiff sued one Rufus Greene, who before that time had been the secretary of said insurance company, in assumpsit, in the said City* Court of Mobile, for and on account (among other things) of* said…
1Opinion of the CourtBice, J.
The truth of pleadings is usually established by a verdict. Yet the truth of pleas is as well established by the plaintiff’s interposing a demurrer to them, and declining to reply when his demurrer is overruled and leave given him to reply, as by a verdict finding them to be true. — 1 Greenlf. Ev. § 27.
When several pleas are pleaded, each of which goes to the whole declaration, and the plaintiff’s demurrer to them is overruled, with leave to him to reply, which he declines to do ; the judgment on demurrer will not be reversed if any one of them is good. — Barber v. Dixon, 1 Wilson’s R. 44; 6…
2Cases cited6 opinions
- Butler v. O'BrienSupreme Court of Alabama · 1843
- O'Neal v. BrownSupreme Court of Alabama · 1852
- Puckett v. PopeSupreme Court of Alabama · 1842
- Spivey v. MorrisSupreme Court of Alabama · 1850
- Lundie v. BradfordSupreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- Ivey's Adm'r v. OwensSupreme Court of Alabama · 1856
- Andrews v. HallSupreme Court of Alabama · 1902
- Jesse v. CaterSupreme Court of Alabama · 1856
11 more not listed; retrieve them via the Exa API.