Legal Opinion
Ward v. Chambless
Supreme Court of Alabama
Decided June 15, 1939No. 3 Div. 286PublishedCited by 20 opinions
1Opinion of the Court
KNIGHT, Justice.
Statutory bill by Sallié S. Chambless against Eleanora Ward and another to quiet title to certain lands in the City of Montgomery, Alabama, and which are fully described in the bill.
The record discloses an anomalous pro-ceéding in the cause, in the court below, as we shall point out.
In the bill the oath of the defendants to their answer was expressly waived, and the answers filed were without oath.
Rule 34 of Chancery Practice is: “An answer to which the oath of the defendant is, waived cannot be excepted to for insufficiency.”
Notwithstanding this rule of practice which has…
2Cases cited23 opinions
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Winters v. PowellSupreme Court of Alabama · 1912
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Teal v. MixonSupreme Court of Alabama · 1936
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Woods v. SandersSupreme Court of Alabama · 1946
- Wise v. HelmsSupreme Court of Alabama · 1949
- Barnett v. WaddellSupreme Court of Alabama · 1946
- Smith v. PersonsSupreme Court of Alabama · 1968
15 more not listed; retrieve them via the Exa API.