Day v. Huckabee
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. The Record does not show the name of the presiding judge. This action was brought by Andrew J. Day against Caswell C. Huckabee, and was commenced on the 10th March, 1876. The plaintiff, in his complaint, claimed one thousand dollars, as damages, for that whereas, on the 14th January, 1867, the defendant leased a saw-mill and certain lands in Bibb county to the plaintiff, with the privilege ©f cutting timber on the lands for the use of…
Read the full summary
Appeal from the Circuit Court of Hale. The Record does not show the name of the presiding judge. This action was brought by Andrew J. Day against Caswell C. Huckabee, and was commenced on the 10th March, 1876. The plaintiff, in his complaint, claimed one thousand dollars, as damages, for that whereas, on the 14th January, 1867, the defendant leased a saw-mill and certain lands in Bibb county to the plaintiff, with the privilege ©f cutting timber on the lands for the use of the mill, and pointed out the boundaries of the lands; and the plaintiff entered on the lands, and cut timber within the…
1Opinion of the CourtBrickell, C. J.
At common law, in pleas in abatement, matters of form were regarded as matters of substance; and the present plea would have been demurrable, because it is in form a plea in bar, while its matter is purely in abatement. The statutes have materially changed the common-law system of pleading, and its rules. In reference to pleas, it is declared, “ the plea must consist of a succinct statement of the facts relied on, in bar or abatement of the suit, and no objection can be taken thereto, if the facts are so stated. *427that a material issue can be taken thereon.” — Code of 1876, § 2987- Again, “ The…
2Cases cited1 opinion
- Chilton v. HarbinSupreme Court of Alabama · 1844
3Cited by2 opinions
- Harmon v. McRaeSupreme Court of Alabama · 1890
- Preston Motor Sales Co. v. Preston Motor CorporationSupreme Court of Alabama · 1922