Legal Opinion

Crawford v. Espalla

Supreme Court of Alabama

Decided November 6, 1958No. 1 Div. 687Published

1Opinion of the Court

COLEMAN, Justice.

The question on this appeal is whether or not the Circuit Court, in Equity, committed error in sustaining demurrer to a bill of complaint having two aspects, one as a bill of review and another as an original bill in the nature of a bill of review. The demurrer is addressed to the bill as a whole. Our cases are clear to the effect that if in any aspect the bill sufficiently states a cause of action, the demurrer addressed to the bill as a whole should be overruled. Talbot v. Braswell, 266 Ala. 578, 98 So.2d 7; Ala.Digest, Equity, <§=» No. 232. If, however, the bill, in both…

2Cases cited26 opinions

  1. Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
  2. Wilkinson v. RoperSupreme Court of Alabama · 1883
  3. Jones v. HendersonSupreme Court of Alabama · 1934
  4. Barrow v. LindseySupreme Court of Alabama · 1935
  5. Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.Supreme Court of Alabama · 1898

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