Waite, LaFils & Co. v. Corbin
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. The opinion states the nature of the case.
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. The opinion states the nature of the case. The plaintiff demurred to defendant’s fifth plea, on the following, among other grounds : “(2) Because the plea is vague and uncertain * * * *. (6) That it is not alleged in said plea the amount of cotton, corn or other produce attached by plaintiff, or the value of the' same, nor is it shown why the crop so attached should be credited on the mortgage indebtedness of defendants.” Other material facts are sufficiently stated in the opinion.
1Opinion of the CourtColeman, J.
The action is in case, brought by *155appellee to recover damages sustained in consequence of the wrongful purchase and removal of thirteen bales of cotton upon which the plaintiff had a lien as landlord, in consequence of which the plaintiff was unable to enforce his lien. The defendants filed a number of pleas to the complaint, to which the plaintiff demurred. The disposition made of the pleas does not satisfactorily appear from the record. For instance in one place it says, “The court sustained the plaintiff’s demurrers to original pleas three, four, five, six and seven, and plaintiff’s…
2Cases cited1 opinion
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
3Cited by14 opinions
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- Thrasher v. NeeleySupreme Court of Alabama · 1916
- Bush & Co. v. WillisSupreme Court of Alabama · 1900
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