Legal Opinion

Ex parte Pearce

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 12 opinions

Application to this court for a writ of mandamus. The facts are sufficiently stated in the dissenting opinion.

1Opinion of the CourtClopton, J.

In an action, brought by M. P. Levy & Co. against the petitioner in the Circuit Court for Calhoun county, tlie defendant pleaded the general issue and three special pleas. Each of the special pleas contained a confession of a cause of action, and alleged in avoidance immaterial and insufficient matter. There was a verdict for the defendant, which was set aside, and a repleader awarded. This is an application for a mandamus to have judgment entered on the verdict, and the case stricken from the docket. When a plea contains a confession of a cause of action, and avoids it by presenting an…

Also in this document: Per curiam.

2Cases cited7 opinions

  1. Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
  2. Lloyd v. BrinckTexas Supreme Court · 1872
  3. Mudge v. TreatSupreme Court of Alabama · 1876
  4. Hair v. MoodySupreme Court of Alabama · 1846
  5. Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
  2. Sanders v. DavisSupreme Court of Alabama · 1907
  3. Allison v. LittleSupreme Court of Alabama · 1890
  4. City of Birmingham v. AndrewsSupreme Court of Alabama · 1931
  5. Ga. Pacific Railway Co. v. PropstSupreme Court of Alabama · 1890

7 more not listed; retrieve them via the Exa API.

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