Legal Opinion

Byrd v. &198tna Life Ins. Co.

Alabama Court of Appeals

Decided February 7, 1933No. 7 Div. 939PublishedCited by 5 opinions

1Opinion of the Court

BRICKEN, Presiding Judge.

This appeal is from a nonsuit by appellant in the court below superinduced by an adverse ruling sustaining appellee’s demurrers to her amended complaint, consisting of counts 4, 5, 6, and 7.

Section 9479 of the Code abolishes the general demurrer, requires a demurrer to specify the defect, and provides that no objection can be taken which is not distinctly stated in the demurrer. Demurrers numbered 1, 11, and 14 are general demurrers within the purview of this statute, under the decisions of the Supreme Court (Alabama State Land Company v. Slaton, 120 Ala. 259, 24 So.…

2Cases cited25 opinions

  1. Fretwell v. McLemoreSupreme Court of Alabama · 1875
  2. Austin v. BeanSupreme Court of Alabama · 1894
  3. Kennedy v. DavisSupreme Court of Alabama · 1911
  4. Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
  5. Dawson v. DawsonSupreme Court of Alabama · 1931

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3Cited by5 opinions

  1. UNITED SECURITY LIFE INSURANCE COMPANY v. St. ClairAlabama Court of Appeals · 1961
  2. Pennsylvania Casualty Co. v. ThorntonDistrict Court, N.D. Alabama · 1945
  3. Sovereign Camp, W. O. W. v. BartonSupreme Court of Alabama · 1939
  4. &198tna Life Ins. Co. v. ThomasAlabama Court of Appeals · 1941
  5. Stalion v. Metropolitan Life InsuranceMissouri Court of Appeals · 1938

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