Meyer v. Bloch
Supreme Court of Alabama
AitioaTi from tlie City Court of Selma. Tried before tlie lion. John W. Mabey. This was a statutory action of detinue, brought by the appellee, I. Bloch, against the appellant, J. D. Meyer, to recover mules, a wagon, farm implements, cotton and corn, etc. The plaintiff claimed under a mortgage alleged to have been executed by him to the defendant.
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AitioaTi from tlie City Court of Selma. Tried before tlie lion. John W. Mabey. This was a statutory action of detinue, brought by the appellee, I. Bloch, against the appellant, J. D. Meyer, to recover mules, a wagon, farm implements, cotton and corn, etc. The plaintiff claimed under a mortgage alleged to have been executed by him to the defendant. The defendant pleaded the general issue and by special plea sought to set up that the property mentioned in the complaint was held by a third person. The special plea was stricken on motion of the plaintiff. Thereupon the defendant filed a special…
1Opinion of the CourtTyson, J.
Of the five assignments of error, only two are insisted upon. Doubtless the other three are not urged because the matters to which they relate are not presented for review' by bill of exceptions. And for that matter, one of those insisted on, which complains of the overruling of a demurrer to the motion interposed by plaintiff to strike the defendant’s affidavit for an in-terpleader, is in the same predicament. — Jones v. City of Anniston, 138 Ala. 199; 35 So. Rep. 112, and cases there cited. Besides the office of a demurrer is to test the sufficiency of a pleading. The motion at which the…
2Cases cited5 opinions
- Powell v. CrawfordSupreme Court of Alabama · 1895
- Sims v. HerzfeldSupreme Court of Alabama · 1891
- Smith, Stewart Co. v. CastellowSupreme Court of Alabama · 1889
- Jones v. City of AnnistonSupreme Court of Alabama · 1902
- McAfee v. Glen Mary Coal & Coke Co.Supreme Court of Alabama · 1892
3Cited by2 opinions
- Commissioners Court v. State ex rel. Southern Ry. Co.Supreme Court of Alabama · 1906
- Light v. HendersonSupreme Court of Alabama · 1909