Elyton Land Co. v. Morgan & Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by “W. J. Morgan & Co., a body corporate under the laws of Ohio,” against the Elyton Land Company, and the several partners composing the firm called the Birmingham Iron Bridge & Forge Company; and was commenced on the 25th October, 1887. The complaint contained but a single count, claiming $70 “due from defendants by account on, to-wit, the 2d March, 1887; which said…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by “W. J. Morgan & Co., a body corporate under the laws of Ohio,” against the Elyton Land Company, and the several partners composing the firm called the Birmingham Iron Bridge & Forge Company; and was commenced on the 25th October, 1887. The complaint contained but a single count, claiming $70 “due from defendants by account on, to-wit, the 2d March, 1887; which said account is verified by affidavit before a notary public of the State of Ohio, and is herewith filed.” On the 23d November,…
1Opinion of the CourtStone, C. J.
There is no merit in the present appeal. The objection sought to be raised by demurrer, can not be presented in that way. Demurrer raises the question of the sufficiency of the complaint, and the present complaint is sufficient. If the affidavit to the account was insufficient, that could be raised when it was offered in evidence.- — Code of 1886, § 2773. The defect, if any, went to the evidence, not to the pleadings. The demurrer was frivolous.
But, if the demurrer had been well taken, it could not avail the appellants. It was not enough that a sufficient issue was formed. Counsel should have…
2Cases cited3 opinions
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Atlantic Glass Co. v. PaulkSupreme Court of Alabama · 1887
- Lehman, Durr & Co. v. Hudmon Bros.Supreme Court of Alabama · 1887
3Cited by26 opinions
- Hendley v. ChabertSupreme Court of Alabama · 1914
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
- Ex Parte DriverSupreme Court of Alabama · 1952
- Eminent Household of Columbian Woodmen v. LockerdSupreme Court of Alabama · 1918
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