Legal Opinion

Polytinsky v. Lindsey

Alabama Court of Appeals

Decided October 27, 1925No. 8 Div. 356PublishedCited by 2 opinions

1Opinion of the CourtSamford, J.

The judgment entry recites: “Defendant demurs to complaint as amended.” No such demurrer appears in the record, and hence we presume the court did not err in overruling this demurrer. Moreover, according to the recitals in the judgment, the demurrer went to the entire complaint, composed of 12 separate counts. If any of the counts were good, and we think they all are, any demurrer going to the en tire complaint would be properly overruled.

The plaintiff held a mortgage given by one Sharpley on crops raised by him in 1920. Sharpley had crops on two places during the year 1920. As to one of…

2Cases cited2 opinions

  1. Johnson v. Coosa Mfg. Co.Alabama Court of Appeals · 1919
  2. First Nat. Bank v. HardenAlabama Court of Appeals · 1919

3Cited by2 opinions

  1. Tonsmeire v. TonsmeireSupreme Court of Alabama · 1967
  2. Poole v. NewAlabama Court of Appeals · 1927

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