Martin v. Hewitt
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before Hon. A. C. Eelder. All the facts upon which the decision is based are fully set out in the opinion.
1Opinion of the CourtPeck, C. J.
1. The bill of complaint does not waive the oath of defendant to his answer, as may be done by section 3328 of the Revised Code, nor has it any note in writing at the bottom of the bill, as to the particular statements or interrogatories, by number, which the defendant is desired to answer.
Notwithstanding this omission, the defendant, the appellant in this court, proceeded to make a full answer, and then, at the end of his answer, demurs to the bill, and, with other causes of demurrer, assigns the following, to-wit: 1st. That the bill contains no equity ; and, 2d, that it does not conform to…
2Cases cited7 opinions
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCracken v. HaywardSupreme Court of the United States · 1844
- Iverson v. ShorterSupreme Court of Alabama · 1846
- Watson v. SimpsonSupreme Court of Alabama · 1843
- Curry v. LandersSupreme Court of Alabama · 1859
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3Cited by33 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Ex parte Selma & Gulf RailroadSupreme Court of Alabama · 1871
- Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
- Wilson v. SimonCourt of Appeals of Maryland · 1900
- Templeton v. HorneIllinois Supreme Court · 1876
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