McLaughlin v. Beyer
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by Rosa Beyer, by her next friend, against Lizzie N. McLaughlin. Judgment for plaintiff, and defendant appeals from the judgment, and also from orders refusing to amend and to set aside the judgment.
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Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by Rosa Beyer, by her next friend, against Lizzie N. McLaughlin. Judgment for plaintiff, and defendant appeals from the judgment, and also from orders refusing to amend and to set aside the judgment. The plea in abatement is as follows: “Comes defendant in the above-entitled canse, and for plea in abatement of the said complaint sets down and says: That at the time of the suing out of such complaint herein, and of the commencement of this action against the defendant, there was pending against this defendant a…
1Opinion of the CourtMayfield, J.
These three causes by agreement are submitted as one cause. Appeals Nos. 529 and'530 are supplemental to appeal No. 531. No. 529 is an appeal from an order declining to amend a judgment by striking out a phrase thereof, “is not well taken in law and.” No. 530 is an appeal from an order or judgment declining to set aside the judgment in the main case on the ground that the judge trying the case was related to the attorney for plaintiff within the prohibited degree.
We do not think there is any reversible error as to either of the two subsidiary appeals.
No motion was made in the lower court to…
2Cases cited13 opinions
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
- Keyser v. FarrSupreme Court of the United States · 1881
- Ensminger v. PowersSupreme Court of the United States · 1883
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Allen v. AllenSupreme Court of Alabama · 1885
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3Cited by27 opinions
- Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
- Hamilton by and Through Hamilton v. VadenSupreme Court of Oklahoma · 1986
- Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
- Berrain v. KatzenCourt of Appeals of Maryland · 1993
- Interstate Chemical Corp. v. Home Guano Co.Supreme Court of Alabama · 1917
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