Powers v. Mayor of Decatur
Supreme Court of Alabama
Appeal from Circuit Court of Morgan. Tried before Hon. Jas. S. Clark. The complaint in this case was as follows : The Mayor and Council of the Town of Decatur, vs. James N. Power.
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Appeal from Circuit Court of Morgan. Tried before Hon. Jas. S. Clark. The complaint in this case was as follows : The Mayor and Council of the Town of Decatur, vs. James N. Power. The plaintiffs claim of the _ defendant seventy dollars, due Dy his due bill, made by him on the 6th day of April, 1872, due and payable to them, and plaintiffs, who are a corporation chartered by the laws of Alabama, and doing business in said State, claim of the defendant the further sum of seventy dollars, due upon an instrument of writing, in words and figures as follows, to-wit; “$70. Due tbe major and council…
1Opinion of the CourtManning, J.
A demurrer should appear in the record as a part of the pleading in a cause;' and a judgment overruling or sustaining the demurrer ought, as a matter of course, also to appear by the record ; thereupon error might be assigned, without a bill of exceptions, the suit having proceeded to a final judgment. The demurrer and judgment thereon, or a recital of them, ought not to be incorporated, as in this cause it is, in the bill of exceptions. Such a practice encumbers the record and increases costs.
The objection by demurrer to the complaint was, that it did not set forth the names of' the…
2Cases cited2 opinions
- Lane County v. OregonSupreme Court of the United States · 1869
- Reid v. BrasherSupreme Court of Alabama · 1838
3Cited by2 opinions
- Hollis v. CrittendenSupreme Court of Alabama · 1948
- Flaacke v. Mayor of Jersey CityNew Jersey Court of Chancery · 1880