Tobias v. Josiah Morris & Co.
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. N. D. Denson. Action on the common counts by B. Tobias against Josiah Morris & Company. There was also a special count under which plaintiff; sued defendants for a general deposit of money made in her name with defendant’s bank. This is the second appeal, the former report being found in 126 Ala. 535. In view of the ground upon ivhich the decision is rested it is not deemed material to set out the -pleadings in extenso.
1Opinion of the CourtDowdell, J.
— The appeal in this case is taken from the judgment of the court rendered in favor of the defendant, the appellee, on failure and refusal of appel*268lant, plaintiff in the court below, to further plead, after ruling by the court adverse to plaintiff on demurrers to plaintiff’s replications to pleas 2, 3 and 7. At the stage of the pleading when the .plaintiff declined to further plead on account of the adverse ruling, and judgment was entered by the court in favor of the defendant, there were two pleas on file, numbers 4 and 5, both of which went to the entire complaint, number 4 being a plea of…
2Cases cited4 opinions
- Clearwater v. MeredithSupreme Court of the United States · 1864
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
- Guilford & Co. v. KendallSupreme Court of Alabama · 1868
- Zirkle v. JonesSupreme Court of Alabama · 1900
3Cited by4 opinions
- Priebe v. Southern Railway Co.Supreme Court of Alabama · 1914
- Culberson v. Empire Coal Co.Supreme Court of Alabama · 1908
- Setzer v. MertzSupreme Court of Alabama · 1908
- Silverfield v. Globe Indemnity Co.Alabama Court of Appeals · 1944