McCord v. Harrison Stringer

It is well settled by the decisions of this court that, when a defendant pleads an affirmative plea, as to which he has the burden of proof, and fails to appear and sustain it, and the judgment entry recites that the defendant “says nothing further in bar or preclusion of plaintiff’s right to recover,” judgment may be rendered as though no plea were on file. McCollom v. Hogan, 1 Ala. 515; Dougherty v. Colquitt, 2 Ala. 337; McCoy v. Harrell, 40 Ala. 232; Home Protection, etc., v. Caldwell, 85 Ala. 607, 5 South. 338; Schwarz v. Oppenheimer, 90 Ala. 462, 8 South. 36; Hutchison v. Powell, 92 Ala.…