Morrison v. Clark
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Sarah E. Clark against John M. Morrison and others for damages for being struck by an automobile. Judgment for plaintiff, and defendants appeal.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Sarah E. Clark against John M. Morrison and others for damages for being struck by an automobile. Judgment for plaintiff, and defendants appeal. The first count alleges that about August 10, 1912, while plaintiff was in a vehicle, to-wit, a buggy, on a public highway in the city of Birmingham, an automobile operated by defendant ran upon or against or into said buggy, and as a proximate consequence thereof plaintiff was thrown or caused to fall. (Here follows catalogue of injuries.) “And plaintiff avers that said…
1Opinion of the CourtBrown, J.
(1-3) While the demurrer interposed to the complaint was overruled, no assignment of error is predicated on this ruling; therefore, in testing the sufficiency of the complaint to sustain the judgment, it must be considered as if no demurrer had been interposed. In other words, if a substantial cause of action is stated, and the judgment is responsive to the complaint, the appellant cannot complain of defects that would subject the complaint to demurrer, and in construing the averments all doubt and intendment must be resolved in favor of, rather than against, the complaint.—American Bonding…
2Cases cited10 opinions
- Barbour v. SheborSupreme Court of Alabama · 1912
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Barfield v. EvansSupreme Court of Alabama · 1914
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
- Sanders v. SteenSupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of Anniston v. GreeneAlabama Court of Appeals · 1935