Ex parte Pearce
Supreme Court of Alabama
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
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Lloyd v. BrinckTexas Supreme Court · 1872
- Mudge v. TreatSupreme Court of Alabama · 1876
- Hair v. MoodySupreme Court of Alabama · 1846
- Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Sanders v. DavisSupreme Court of Alabama · 1907
- Allison v. LittleSupreme Court of Alabama · 1890
- City of Birmingham v. AndrewsSupreme Court of Alabama · 1931
- Ga. Pacific Railway Co. v. PropstSupreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.