Bobe v. Frowner
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried befo.re the Hon. John Bragg. 1. The new trial was granted on the condition that issue should be joined at next term. The defendants had no right to plead any special plea, but were bound by the condition to join issue on the declaration. The condition was not to plead to issue, but it was to join issue on what was already avered before the court.
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Error to the Circuit Court of Mobile. Tried befo.re the Hon. John Bragg. 1. The new trial was granted on the condition that issue should be joined at next term. The defendants had no right to plead any special plea, but were bound by the condition to join issue on the declaration. The condition was not to plead to issue, but it was to join issue on what was already avered before the court. By the course pursued, no issue was joined, but the plea attempts to set out new matter by special plea, or to treat it as new matter, and thus avoid joining issue on the averments, as alleged. 2. Where an…
1Opinion of the CourtChilton, J.
The declaration in this case contains two . , < counts, to each of which a demurrer was interposed.
The first count avers a suit by Bobe, the plaintiff in this suit, against one Acre; that pending the suit Acre died, and his widow,, who had been appointed his administratrix, was made a party defendant to said action; that Bobe recovered judgment against her, on the 23d April 1340, for $1,031 TW, besides costs of suit, to be levied of the goods and chattels of the said Acre in. her hands as administratrix unadministered; and that execution, duly issued on said judgment and had been returned “…
2Cases cited3 opinions
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Pistole v. StreetSupreme Court of Alabama · 1837
- Haines v. CorlissMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Ex Parte DunlapSupreme Court of Alabama · 1923
- Lang v. Waters' AdministratorSupreme Court of Alabama · 1872
- Fleming v. GilmerSupreme Court of Alabama · 1859