Barnes v. Hudman
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Heard before the Hon. J. E. Cobb. The case is stated in the opinion. 1. The demurrer filed by appellee in the court below does not specify any objection to a matter of substance in the motion of appellant in the court below, and even if the motion of appellant abounded in error the court below should not have sustained the demurrer unless the objection or error were distinctly pointed out. — Revised Code, § 2656. 2. We do not suppose…
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Appeal from the Circuit Court of Lee. Heard before the Hon. J. E. Cobb. The case is stated in the opinion. 1. The demurrer filed by appellee in the court below does not specify any objection to a matter of substance in the motion of appellant in the court below, and even if the motion of appellant abounded in error the court below should not have sustained the demurrer unless the objection or error were distinctly pointed out. — Revised Code, § 2656. 2. We do not suppose that appellee will contend that either the first, second, third, or fifth grounds of demurrer ■could be sustained. Hoes the…
1Opinion of the CourtManning, J.
Appellant moved in the Circuit Court,. under section 930 of the Revised Code, (section 3395 of Code ■ 1876,) for a judgment against the treasurer of Lee county and the sureties on his official bond, for his failure on demand to pay an allowed claim against the county, of the • warrant for which the following is a copy:
“State of Alabama, Lee county — Court of County Com-missioners, February term, 1870. It is ordered by the court-that the county treasurer pay Savannah and Memphis Railroad Company the sum of three hundred and fourteen 50-100' dollars, out of any moneys in the treasury not…
2Cases cited1 opinion
- Barbour County v. ClarkSupreme Court of Alabama · 1874
3Cited by4 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Jackson County v. DerrickSupreme Court of Alabama · 1897
- National Surety Co. v. StateSupreme Court of Alabama · 1929
- Searcy v. Cullman CountySupreme Court of Alabama · 1916