Alabama Great Southern R. Co. v. Herring

On Rehearing.

FOSTER, Justice.

We wish to make it clear that we did not say that plea 6 was defective because it was a partial defense. Of course, a plea cari set up a partial defense by confession and avoidance to that extent. If it purports to be a defense in bar of the entire action, and its substance is such that it is in fact only partial, it is subject to demurrer, and our cases so hold. 16 Alabama Digest 81, Pleading, ^ 80. Plea 6 asserted certain facts relating to a certain class of articles, and asserted that plaintiff should not recover for such articles. It did not therefore purport…