Murphy v. Farley
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. W. S. Anderson. Action by Mary A. Parley against Kate Murpliy and Joseph B. Webster on two promissory notes. The facts are stated in the opinion.
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Appeal from Mobile Circuit Court. Tried before Hon. W. S. Anderson. Action by Mary A. Parley against Kate Murpliy and Joseph B. Webster on two promissory notes. The facts are stated in the opinion. Pleas 3, 5, 6, 7 and 8 alleged that the notes sued on were given by Mrs. Murphy as principal and Webster as surety for rent of a house, and that a part of the contract of renting was that the plaintiff should repair the house, and that the repairing was not-done whereby the defendant Mrs. Murphy was greatly damaged by injury to her furniture as a result of the condition of the house. Objections…
1Opinion of the CourtHaralson, J.
— 1. The complaint declared'in two separate counts, on two promissory notes. There were three pleas interposed to the entire complaint, — the general issue, failure of consideration, and a special plea of set-off. The plaintiff moved to strike these pleas for the alleged reason, that they were not pleaded to each count separately, hut to the entire complaint, and the motion ivas granted. This ruling was erroneous. If the pleas were good to each count, there was no necessity to plead them to each separately; and, in such case, by interposing them to the entire complaint, each count thereof was…
2Cases cited10 opinions
- Culver v. HillSupreme Court of Alabama · 1880
- King v. ReynoldsSupreme Court of Alabama · 1880
- Rowe v. BaberSupreme Court of Alabama · 1890
- Williamson v. Mayer Bros.Supreme Court of Alabama · 1897
- Vandegrift v. Abbott.Supreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Hart v. ColemanSupreme Court of Alabama · 1917
- Alabama Great Southern Railroad v. ClarkSupreme Court of Alabama · 1902
- Haas Bros. v. CraftAlabama Court of Appeals · 1913
- Thompson Foundry & Machine Co. v. GlassSupreme Court of Alabama · 1902
6 more not listed; retrieve them via the Exa API.