Vaughan v. Robinson
Supreme Court of Alabama
Eeeoe to tbe Circuit Court of Lowndes. Tried before tbe Hon. Nathan Cook. 1. This cause having been “three times” tried in tbe Circuit Court, after tbe appeal, on tbe general issue, “ non assump-sit,” tbe court erred in permitting tbe defendant to withdraw bis plea of non assumpsit after tbe cause came from tbe Supreme Court, and file bis plea in “ abatement.” Tbis plea, if good at all, should have been filed on tbe first trial before pleading to tbe merits.
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Eeeoe to tbe Circuit Court of Lowndes. Tried before tbe Hon. Nathan Cook. 1. This cause having been “three times” tried in tbe Circuit Court, after tbe appeal, on tbe general issue, “ non assump-sit,” tbe court erred in permitting tbe defendant to withdraw bis plea of non assumpsit after tbe cause came from tbe Supreme Court, and file bis plea in “ abatement.” Tbis plea, if good at all, should have been filed on tbe first trial before pleading to tbe merits. "Wilson v. Oliver, 1 Stewart 46; Cleveland et al. v. Chandler, 3 Stewart 489; Sadler, surviving partner, v. Fisher’s Adm’rs, 3 Ala. B.…
1Opinion of the CourtChilton, C. J.
This was an appeal from a justice of the peace, by Robinson, against whom Yaughan had obtained judgment for $45, besides cost. Yaughan filed his statement in the Circuit Court for $45, to which the appellant, Robinson, pleaded the general issue, non assumpsit. After many continuances, and several trials, and one reversal in this court (see 20 Ala. R. 229) the cause having been remanded from this to the Circuit Court, the defendant was allowed to with*522draw bis plea of non assumpsit, and plead in abatement that tbe demand sued on before tbe justice amounted to $50 T\V when tbe suit was…
2Cited by17 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Dozier Lumber Co. v. Smith-Isburg Lumber Co.Supreme Court of Alabama · 1905
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Ex Parte HaistenSupreme Court of Alabama · 1933
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
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