Lewis v. Paull
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. Bobert Dougherty. This action was brought by the appellant against the appellees; was commenced on the 4th March, 1859, and sought to recover damages for the breach of the conditions of a bond.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before the Hon. Bobert Dougherty. This action was brought by the appellant against the appellees; was commenced on the 4th March, 1859, and sought to recover damages for the breach of the conditions of a bond. The complaint was as follows: “Plaintiff claims of defendants $-, for the breach of the condition of a bond made by them on the-day of-, payable to plaintiff in the sum of $-, with condition that, whereas John H. Pauli, had on said date, prayed an attachment against the estate of the plaintiff, in this action for the sum of $-, and…
1Opinion of the Court
BYRD, J.,
(June 12, 1867.) — 1. It appears from .the record that “the parties agreed that any and every plea in bar which could be legally pleaded without being verified by affidavit, should be deemed and taken as filed, and that all proper replications and issues thereon should be deemed *138and taken as filed, and that all proper issues touching the merits, should be deemed and taken as formed,” and that “on the issues thus formed, the cause was submitted to a jury for trial.” Although it may be competent for the court below to proceed to trial upon such a state of pleading, yet we are not aware…
2Cases cited8 opinions
- Long v. RodgersSupreme Court of Alabama · 1851
- Battle v. Corporation of MobileSupreme Court of Alabama · 1846
- Hughes v. Hughes'Supreme Court of Alabama · 1858
- Frierson v. FriersonSupreme Court of Alabama · 1852
- Kornegay v. WhiteSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
- Irby v. WildeSupreme Court of Alabama · 1907
- Blumer v. GillespieSupreme Court of Missouri · 1936
- Dothard v. SheidSupreme Court of Alabama · 1881
- Lambert v. JeffersonSupreme Court of Alabama · 1948
8 more not listed; retrieve them via the Exa API.