Wade v. Miller
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellant against the appellees, and as originally filed the complaint contained three counts. The complaint was subsequently amended by adding two additional counts.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellant against the appellees, and as originally filed the complaint contained three counts. The complaint was subsequently amended by adding two additional counts. Each count of the complaint, after averring the facts of the case, as set forth in the opinion, alleged. their ground of action against the defendant by the following averments : In the first count of the complaint, that "defendant failed to require of said Charles E. Welborne a bond for $360 conditioned according to…
1Opinion of the CourtMoCLELLAN, J.
This record discloses an anomalous course of proceeding in the court below. Numerous grounds of demurrer were assigned to the complaint and to each count thereof. They were all sustained. There was no amendment of the-complaint after the judgment sustaining the demurrers to it. But notwithstanding the striking out of the entire complaint by that judgment, it appears further from the judgment entry that, to quote therefrom, the ‘ ‘cause coming on to be heard by the court without the intervention of a jury, according to law, the court proceeds to hear the evidence, and after hearing the same…
2Cited by3 opinions
- Williams v. PratherSupreme Court of Alabama · 1938
- Washington v. SpriggsSupreme Court of Alabama · 1925
- Donald v. KeithSupreme Court of Alabama · 1957