Comstock v. Meek & Co.
Supreme Court of Alabama
Writ of error to the Circuit Court of Tuscaloosa county. Assumpsit by Mrs. Comstock and one Johnson, as executrix and executor of Edward Comstock against Meek & Co. for goods, &c., sold by their testator. The defendants pleaded in abatement, that Johnson was dead when the suit commenced. The plaintiffs demurred to this plea, and afterwards, when the demurrer was overruled, took issue upon it, and the defendants had a verdict.
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Writ of error to the Circuit Court of Tuscaloosa county. Assumpsit by Mrs. Comstock and one Johnson, as executrix and executor of Edward Comstock against Meek & Co. for goods, &c., sold by their testator. The defendants pleaded in abatement, that Johnson was dead when the suit commenced. The plaintiffs demurred to this plea, and afterwards, when the demurrer was overruled, took issue upon it, and the defendants had a verdict. The plea was not filed at the appearance term of the Court, nor was it indorsed by the clerk, as required by the rule of the Court. The plaintiffs thereupon moved to…
1Opinion of the CourtGolbthwaite, J.
— 1. The twelfth rule of practice was iiot intended, nor has it the effect, to limit the operation of the statute, which directs the course and time of pleading. By that the general rule is provided, that the declaration shall be filed within the three first days of the appearance term, and the defendant's plea must be filed within the three days next thereafter, but the pleadings are to be made up during the term to which the process is returned, unless the time is extended by the consent of the parties, their attorneys, or by the direction of the Court. [Clay’s Big. 332, § 111.] The twelfth…
2Cases cited2 opinions
- Sturdevant v. GainsSupreme Court of Alabama · 1843
- Sandford v. SpenceSupreme Court of Alabama · 1842
3Cited by2 opinions
- Hazard v. JordanSupreme Court of Alabama · 1847
- Scales v. Central Iron & Coal Co.Supreme Court of Alabama · 1911