Alabama Chemical Co. v. Niles
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Joe Niles against the Alabama Chemical Company. From a judgment for plaintiff, defendant appeals. From what is said in the opinion concerning the complaint and demurrers thereto, it is deemed unnecessary to set them out.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Joe Niles against the Alabama Chemical Company. From a judgment for plaintiff, defendant appeals. From what is said in the opinion concerning the complaint and demurrers thereto, it is deemed unnecessary to set them out. The special pleas was as follows: “(2) And for further answer to each of said counts of the complaint the defendant says that plaintiff should not recover in said suit, for that the plaintiff himself is guilty of negligence which proximately contributed to the injuries complained of, in that at the…
1Opinion of the CourtAnderson, J.
The only recital to be found in the judgment entry in reference to a ruling on a demurrer to the complaint is as follows: “And the defendant’s demurrer to the complaint being argued by counsel and understood by the court, it is considered and ordered by the court that the said demurrer to the complaint be and the same is hereby overruled.” This entry clearly refers to- a single demurrer to the complaint in its entirety, and not to separate and distinct demurrers to separate and distinct counts of the complaint. We find *303no such demurrer as is treated in the judgment entry in the record. When…
2Cases cited2 opinions
- Jones v. Ala. Mineral RailroadSupreme Court of Alabama · 1894
- Cooley v. United States Saving & Loan Co.Supreme Court of Alabama · 1905
3Cited by25 opinions
- Percoff v. SolomonSupreme Court of Alabama · 1953
- Rowe v. RoweSupreme Court of Alabama · 1951
- Sims v. Alabama Water Co.Supreme Court of Alabama · 1920
- Central of Georgia Ry. Co. v. AshleySupreme Court of Alabama · 1909
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
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