Merrill v. Worthington
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Action by Charles Worthington against Prank B. Merrill. Prom a judgment for plaintiff, defendant appeals. The court erred in overruling defendant’s demurrer to plaintiff’s replication to the second plea. It was a departure. Stephen on Pleading, Section VI, Rule 1, * p. 410 (8th Am. Ed.) jChitty on Pleading, * p. 674 (the 2nd qualification of a replication) 16th Am.
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Action by Charles Worthington against Prank B. Merrill. Prom a judgment for plaintiff, defendant appeals. The court erred in overruling defendant’s demurrer to plaintiff’s replication to the second plea. It was a departure. Stephen on Pleading, Section VI, Rule 1, * p. 410 (8th Am. Ed.) jChitty on Pleading, * p. 674 (the 2nd qualification of a replication) 16th Am. Ed; 6 Ency. of Plead. & Prac., 460-461; Eskridge vs. Ditmars, 51 Ala., at 246, 251-2; Nelson vs. First Natfl Bank of Montgomery, 139 Ala., at 590-592; Me Aden vs.…
1Opinion of the CourtSimpson, J.
This action was brought by the appel-lee against the appellant; the complaint containing three counts; (1) On an open account; (2) on an account stated; and (3) for work and labor done. The defendant (in addition to the general issue) interposed a special plea, alleging that the work done by the plaintiff was done under a contract, which is described, which provided that the plaintiff was to be paid $340, and in said contract the plaintiff also agreed to build a curbing at 4 cents per lineal foot and to do sidewalk paving at 80 cents per square yard; that plaintiff had performed the work as…
2Cases cited9 opinions
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Stafford v. SibleySupreme Court of Alabama · 1894
- Holloway v. TalbotSupreme Court of Alabama · 1881
- McAden v. GibsonSupreme Court of Alabama · 1843
- Darden v. JamesSupreme Court of Alabama · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Atlanta Life Ins. Co. v. CanadySupreme Court of Alabama · 1932
- Cassels v. Alabama City, G. & A. Ry. Co.Supreme Court of Alabama · 1916
- Bush v. MooreAlabama Court of Appeals · 1923
- Smith-Schultz-Hodo Realty Co. v. Henley-Spurgeon Realty Co.Supreme Court of Alabama · 1932