Lyles v. Clements
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Tried before the Hon. Charles Pelham. This action was brought by Mrs. Tempy Clements ag'ainst William Lyles, and was commenced by attachment, sued out before a justice of the peace.
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Appeal from the Circuit Court of Clay. Tried before the Hon. Charles Pelham. This action was brought by Mrs. Tempy Clements ag'ainst William Lyles, and was commenced by attachment, sued out before a justice of the peace. The complaint filed in the Circuit Court contained five counts: the first claiming “ one hundred dollars, for the rent of land in said county for the year 1870;” the second, “ the further sum of seveuty-five dollars, by account stated between the plaintiff and defendant, to wit, on the 1st day of January, 1870;” the third, “the further sum of seventy-five dollars, for goods,…
1Opinion of the CourtPeters, C. J.
— The question first presented for solution, in this case, is that arising on the demurrer to the first plea, which demurrer was sustained by the court below. This plea is evidently drawn without any considerable regard for technical accuracy of form. It has no prayer, as it should have in such a case. Rev. Code, § 2641. And without this, whether it is intended as a plea in abatement, or a plea in bar, is by no means easy to determine. As a plea of coverture merely it is a plea in abatement; and as such, it should be verified by affidavit. Rev. Code, § 2640; Story’s Pl. p. 13; 1 Bac. Abr. pp.…
2Cases cited4 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Pickens v. OliverSupreme Court of Alabama · 1857
- Goree v. WalthallSupreme Court of Alabama · 1870
- Hall v. WallaceSupreme Court of Alabama · 1854
3Cited by3 opinions
- Fife v. Pioneer Lumber Co.Supreme Court of Alabama · 1939
- Mobile & Montgomery Railway Co. v. YeatesSupreme Court of Alabama · 1880
- Spiro v. RobertsonIndiana Court of Appeals · 1914