Legal Opinion
Young v. Dean
Supreme Court of Alabama
Decided January 19, 1950No. 3 Div. 545PublishedCited by 7 opinions
1Opinion of the Court
FOSTER, Justice.
This case comes to us on appeal from a decree overruling demurrers to a bill in equity.
The demurrer is in effect addressed to the bill as a whole. So that if any aspect of it is not subject to any assignment of the demurrer, the demurrer was properly overruled. Florence Gin Co. v. City of Florence, 226 Ala. 478, 147 So. 417; Anniston Banking & Loan Co. v. Worsham, 227 Ala. 48, 149 So. 91; 8 Ala.Dig., Equity <^232. But if all aspects are subject to some ground of the demurrer, it should have been sustained. Shamblee v. Wilson, 233 Ala. 164, 170 So. 769(7).
The bill is not framed…
2Cases cited25 opinions
- Florence Gin Co. v. City of FlorenceSupreme Court of Alabama · 1933
- City of Mobile v. McCown Oil Co.Supreme Court of Alabama · 1933
- Davis v. AndersonSupreme Court of Alabama · 1929
- Branch Bank at Mobile v. StrotherSupreme Court of Alabama · 1848
- Cleveland Storage Co. v. Guardian Trust Co.Supreme Court of Alabama · 1930
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3Cited by7 opinions
- Sykes v. SykesSupreme Court of Alabama · 1954
- Martin Stamping & Stove Co. v. ManleySupreme Court of Alabama · 1953
- Johnston v. JohnstonSupreme Court of Alabama · 1951
- Young v. DeanSupreme Court of Alabama · 1950
- Harrison v. LeeSupreme Court of Alabama · 1950
2 more not listed; retrieve them via the Exa API.