Legal Opinion

Kettler v. Brooke

Alabama Court of Appeals

Decided November 21, 1911PublishedCited by 1 opinion

Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Detinue by H. Y. Brooke against C. L. Kettler. From a judgment for plaintiff, defendant appeals.

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Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Detinue by H. Y. Brooke against C. L. Kettler. From a judgment for plaintiff, defendant appeals. The following is plea A: “For further answer to plaintiff’s complaint, defendant says that on, to wit, May 28, 1906, one M. Tucker filed in the chancery court at Luverne, Alabama, his original bill of complaint against this plaintiff and others, and that among other things said bill prayed for a settlement of the partnership affairs of the Crenshaw County Critic, a partnership having for its members this plaintiff and said M.…

1Opinion of the Court

de G-BAFFENRTET), J.

This is an action of detinue, brought by appellee against appellant, for certain printers’ material which is described in the complaint. The only errors assigned for our consideration go to the action of the trial court in sustaining appellee’s demurrer to plea A of the appellant.

This is the second appeal in this case. On the former appeal, the Supreme Court held that a plea described in that record as plea 2 was subject -to demurrer,- and did not constitute an answer to the complaint. We have carefully compared plea A appearing in this record with plea 2 discussed on the…

2Cases cited1 opinion

  1. Brooke v. KettlerSupreme Court of Alabama · 1910

3Cited by1 opinion

  1. Thomas v. StateAlabama Court of Appeals · 1914

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