Morrison v. Morrison
Supreme Court of Alabama
This was an action of debt., first instituted before a justice of the peace for Dallas county, upon an order or decree of the Orphan’s Court of that county, directing the payment of a sum of money by R. C. Morrison, plaintiff in error, as administrator of Allen Orr, deceased.
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This was an action of debt., first instituted before a justice of the peace for Dallas county, upon an order or decree of the Orphan’s Court of that county, directing the payment of a sum of money by R. C. Morrison, plaintiff in error, as administrator of Allen Orr, deceased. The order of the Orphan’s Court, appears from a certificate of the clerk, which sets forth that “a settlement of the estate of Allen Orr, deceased, took place by the Judge of said Court, at which there was presented or on file, a claim against said estate, in the name of Robert Morrison, for the sum of thirty nine…
1Opinion of the Court
By JUDGE COLLIER.
The first point supposes a fact which the record does not sustain, neither the demurrer of the plaintifi' or defendant seems to have been passed on by the Circuit Court. But as we are informed that other cases await the decision of this, we will consider it upon the state of fact shewn by the record. This Court |have repeatedly decided, that when the defendant pleads ¡and demurs to the same point of the declaration, and the tissues of fact are tried, he shall be supposed lo have waived his demurrer. The same strictness in pleading is not required in cases brought fromjustices…
2Cited by15 opinions
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- Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
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