Kennedy v. Dear
Supreme Court of Alabama
This was trespass on the case for slander. The writ was issued and declaration filed, to September term, eighteen hundred and thirty-four. As of that term appeared the following proceedings, to wit— “ Pleas and demurrers in short, by consent.” “Defendant, by attorney, demurs — first, to last count, for insufficiency, &e. — Secondly—to so much of the first, as alleges him, (plaintiff,) to be charged with every offence forbidden by the word of God.
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This was trespass on the case for slander. The writ was issued and declaration filed, to September term, eighteen hundred and thirty-four. As of that term appeared the following proceedings, to wit— “ Pleas and demurrers in short, by consent.” “Defendant, by attorney, demurs — first, to last count, for insufficiency, &e. — Secondly—to so much of the first, as alleges him, (plaintiff,) to be charged with every offence forbidden by the word of God. “ Jenkins & Bedford, att’ys for deft.” “ Pleas in short, by consent. — Not guilty, to all the counts. — Bagby & Bedford. — Issue joined. — Bethea.”…
1Opinion of the Court
HOPKINS, G. J.
— The pleadings and proceedings in this case, in the Court below, appear in the record in the following order, namely — a declaration, a demurrer, a plea, an order of the Court, at the autumn term, eighteen hundred and thirty-five, which was subsequent to that of which the declaration is entitled, giving the plaintiff in that Court leave to amend his declaration, and a final judgment of the next term afterward, overruling the demurrer to the amended declaration, and for the damages assessed by a jury.
The first error assigned here, and upon which all the others depend, is, that…
2Cited by1 opinion
- Lamberton v. WindomSupreme Court of Minnesota · 1867