Treadwell v. Tillis
Supreme Court of Alabama
Appeal from Geneva Circuit Court. ' TRIED before Hon. J, R. Tyson. The facts are sufficiently stated in the opinion. (No brief came to the hands of the reporter.) If one ground of a demurrer is good, the ruling of a lower court sustaining the demurrer will be upheld. — Guilford v. Kendall, 42 Ala. 651. The complaint was insufficient. — Gooden v. Moses, 99 Ala. 230.
1Opinion of the CourtHead, J.
The complaint contains three counts each claiming damages for the breach of a contract, which it avers was made by the defendant. Separate demurrers, assigning numerous grounds, relating, for the most part, to the damages claimed, were filed to each *263count, and two grounds of demurrer were interposed to the complaint as a whole, the latter being, first, that the several counts were inconsistent and repugnant; and, second, that each count set up and claimed damages for the breach of a distinct and separate contract. The circuit court sustained the demurrers, generally, without specifying…
2Cases cited6 opinions
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Gooden v. Moses Bros.Supreme Court of Alabama · 1892
- Corpening & Co. v. Worthington & Co.Supreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- The Industrial Development Board of the Town of Section, Alabama v. Fuqua Industries, Inc., the Industrial Development Board of the City of Fort Payne, Alabama v. Fuqua Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- Walker County v. DavisSupreme Court of Alabama · 1930
- Alabama Lime & Stone Co. v. AdamsSupreme Court of Alabama · 1928
- Walls v. Smith & Co.Supreme Court of Alabama · 1910
- Terrell v. NelsonSupreme Court of Alabama · 1912
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