Stephenson v. Wright
Supreme Court of Alabama
Appeal from tlie Circuit Court of Walker. Tried before the Hon. James J. Banks. This was an action of trespass brought by the appellee, B. E. Wright, against the appellants, H. W. S.tephenson, John C. Morris and L. H. Posey; and sought to recover damages for the wrongful taking of certain property, alleged to belong to the plaintiff.
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Appeal from tlie Circuit Court of Walker. Tried before the Hon. James J. Banks. This was an action of trespass brought by the appellee, B. E. Wright, against the appellants, H. W. S.tephenson, John C. Morris and L. H. Posey; and sought to recover damages for the wrongful taking of certain property, alleged to belong to the plaintiff. The defendants pleaded the general issue, and the following special plea: “2: For further answer to the complaint defendants say that said property was the property of Jno. R. Davidson ; that defendant Stephenson had a judgment against said Davidson recovered…
1Opinion of the CourtHead, J.
Trespass de bonis asportatis by appellee against appellants.
The defendants’ special plea, combined practical!y the elements of the general issue, with an imperfectly pleaded special defense of justification. It is" properly admitted by counsel, that in so far as the plea seeks to *586justify, it is subject to some of the grounds of demurrer assigned ; but it is contended that duplicity in pleas is not available under our system, and the matters of special defense should have been rejected as surplusage, and the plea retained as a sufficient traverse of the declaration. The answer is, that the…
2Cases cited1 opinion
- Boggan v. BennettSupreme Court of Alabama · 1893
3Cited by15 opinions
- Patterson v. StateSupreme Court of Alabama · 1918
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Sheffield Co. v. HarrisSupreme Court of Alabama · 1912
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Russell v. C. N. Robinson & Co.Supreme Court of Alabama · 1907
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