MacMahon v. City of Mobile

LAWSON, Justice. -

W. O. MacMahon, Jr., filed suit in the circuit court of Mobile County on October 5, 1946, against the City of Mobile. Service was had on the City of Mobile on October 9, 1946.

On November 6, 1946, within thirty days from the date of service, the City filed its motion to strike the complaint on the ground, among others, that it was unnecsarily prolix, irrelevant, and frivolous. §§ 212, 213, Title 7, Code 1940; Alabama Power Co. v. Thompson, 250 Ala. 7, 32 So.2d 795; Tidmore v. Mills, 33 Ala.App. 243, 32 So.2d 769, certiorari denied, 249 Ala. 648, 32 So.2d 782. This motion was…