McNeil v. State
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Tried before lion.- Habey T. Toulmebt. These suits were founded on two official bonds of M. H. McNeil, as tax collector of Marengo county, and were brought by the State against him and the sureties on each of said bonds-In each case the complaint and a demurrer filed thereto are the only pleadings contained in the record.
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Appeal from Marengo Circuit Court. Tried before lion.- Habey T. Toulmebt. These suits were founded on two official bonds of M. H. McNeil, as tax collector of Marengo county, and were brought by the State against him and the sureties on each of said bonds-In each case the complaint and a demurrer filed thereto are the only pleadings contained in the record. On the day the demurrers were filed, a judgment was rendered in each case against the appellants therein, but not against the said McNeil and one Riddle, the latter of whom was a surety on each bond, and had been sued in each case. The…
1Opinion of the CourtBrickell, C. J.
On error all reasonable presumptions are indulged to support the judgment of the primary court. The demurrers appearing of record do not seem to have been called to the attention of the Circuit Court, or any action upon them invoked. In this condition of the record it has been often held by this court, the presumption on error is, that the demurrer was waived. — 1 Brick. Dig. 782, § 134. The presumption in this case is almost, if not quite indisputable, for on the day of filing the demurrers, the present appellants confessed the judgment from which the appeal is taken.
The statute is express,…
2Cited by8 opinions
- Evans v. EvansSupreme Court of Alabama · 1955
- Gunter v. HinsonSupreme Court of Alabama · 1909
- Sayre v. DickersonSupreme Court of Alabama · 1965
- Daugherty v. Gulf Shores Motel, Inc.Supreme Court of Alabama · 1974
- Ex parte Industrial Finance & Thrift Corp.Supreme Court of Alabama · 1951
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