Hardeman v. Williams
Supreme Court of Alabama
Appeal from Mobile Circuit -Court. Heard before 1-Ton. Samuel B. Browne. Action by Sallie Williams against B. F. Hardeman. From a judgment for plaintiff, defendant appeals.
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Appeal from Mobile Circuit -Court. Heard before 1-Ton. Samuel B. Browne. Action by Sallie Williams against B. F. Hardeman. From a judgment for plaintiff, defendant appeals. Action by Sallie Williams against B. F. Hardeman, individually and doing business in Mobile as J. O. Bell, for assault and battery, The complaint -was as follows: “(1) The plaintiff claims oí the defendant the sum of five thousand dollars damages for an assault and battery committed or caused to be committed on the plaintiff on the 14th day of April, 1904, by one L. E. Meyers, the agent or servant of defendant, who was…
1Opinion of the Court
DENSON, -T.
The complaint- originally contained seven counts, but was amended by striking out the last three. To. the complaint as amended the demurrer of the. defendant was overruled. In respect to the points made by the demurrer, the averments of the complaint are sufficient, and the. demurrer was properly overruled.
The point, made by the appellee, that no plea was filed, and the cause was tried without the averments of the complaint being put in issue, is without merit, and cannot prevent consideration of the assignments of error presented by the bill' of exceptions. It is manifest from the…
2Cases cited5 opinions
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Railway Co. v. BollingSupreme Court of Arkansas · 1894
- McCann v. TillinghastMassachusetts Supreme Judicial Court · 1885
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- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Wood v. Southeastern Greyhound LinesCourt of Appeals of Kentucky (pre-1976) · 1946
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