Huntsville Grocery Co. v. Johnson
Alabama Court of Appeals
Assumpsit. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by the Huntsville Grocery Company against F.. M. Johnson. Judgment for defendant, and plaintiff appeals.
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Assumpsit. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by the Huntsville Grocery Company against F.. M. Johnson. Judgment for defendant, and plaintiff appeals. The complaint was filed February 16, 1915, and service perfected February 18, 1915. The defendant’s plea was filed April 12, 1915, and is as follows: Comes the defendant, and for answer to the complaint filed in this cause says that the cause of action in this case arose in the Albertville district, and that defendant resides in the Albertville district; that this court is without jurisdiction to try…
1Opinion of the Court
PELHAM, P. J.(1) Two assignments of error are made .on the record. The first relates to the action of *490the court iu overruling the plaintiff’s (appellant’s) motion to strike defendant’s (appellee’s) plea in abatement because not filed within the time for filing such pleas. The plea was filed first in the order of pleading, before pleading to the merits, and, the matter set up in the plea not having been otherwise waived or abandoned, it was within the discretion of the trial court to allow the plea to be filed after the time for filing had passed. See 5 Mayf. Dig. 2, § 16, and authorities…
2Cases cited13 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
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3Cited by5 opinions
- Hines v. HinesSupreme Court of Alabama · 1920
- Leslie v. ClickSupreme Court of Alabama · 1930
- Anderson v. StateAlabama Court of Appeals · 1922
- Blount County Bank v. HarrisSupreme Court of Alabama · 1917
- County Board of Education v. Cement Products Co.Supreme Court of Alabama · 1923