Findlay v. Pruitt
Supreme Court of Alabama
Error to the Circuit court of Benton.’ Trespass, assault and battery, &c. — tried by A. Martin, J. This action was brought in the court below, by the defendant in error, against the plaintiff in error, for a trespass. The writ is sued out in the name of A. G. Pruitt, The declaration consists of two counts — one for an assault and battery, and the other for false imprisonment.
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Error to the Circuit court of Benton.’ Trespass, assault and battery, &c. — tried by A. Martin, J. This action was brought in the court below, by the defendant in error, against the plaintiff in error, for a trespass. The writ is sued out in the name of A. G. Pruitt, The declaration consists of two counts — one for an assault and battery, and the other for false imprisonment. The statement in the declaration is, “Ansel B. Pruitt, who sued out his writ under the style of (A. G. Pruitt,) by attorney, complains,” &c. The defendant below pleaded in abatement, in short, the variance between the…
1Opinion of the CourtOrmond, J.
In England, and in some of the States of the Union, a variance between the writ and declara*198tion, is reached in a summary mode, by motion to.the court to set aside the declaration for irregularity. But this proceeds from the refusal of the court to allow oyer to be craved of the writ, without which the variance cannot be shown, unless, as in this case, it appears from the declaration, when it may be reached by motion— (See Willard vs. Missani, 1 Cowen, 37.). The act of the Legislature (Aik. Dig. 278,) which requires process irregular^ or improperly issued, to be abated on the plea of the…
2Cited by13 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Ford v. StateSupreme Court of Alabama · 1882
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Gibson v. StateSupreme Court of Alabama · 1915
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