Legal Opinion

Union Central Life Ins. Co. v. Guffin

Supreme Court of Alabama

Decided March 19, 1936No. 6 Div. 911PublishedCited by 12 opinions

1Opinion of the Court

BROWN, Justice.

Regardless of the effect of the agreement of the parties to plead in short upon the defense the subject-matter of plea 7, we are of the opinion that the demurrer did not point out the defects in the plea now urged for reversal of the judgment. “No demurrer in pleading can be allowed but to matter of substance, which the party demurring specifies; and no objection can be taken or allowed which is not distinctly stated in the demurrer.” (Italics supplied.) Code, § 9479.

The first objection urged to the plea is thus stated by appellant: “We submit that even though it' be conceded…

2Cases cited4 opinions

  1. Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
  2. Deslandes v. ScalesSupreme Court of Alabama · 1914
  3. McAllister-Coman Co. v. MatthewsSupreme Court of Alabama · 1910
  4. Southern Indemnity Ass'n v. HoffmanAlabama Court of Appeals · 1917

3Cited by12 opinions

  1. Louisville and Nashville Railroad Co. v. TuckerSupreme Court of Alabama · 1955
  2. Cowman v. Allen Monuments, IncorporatedCourt of Appeals of Texas · 1973
  3. Montgomery City Lines, Inc. v. DavisSupreme Court of Alabama · 1954
  4. Brandwein v. EllistonSupreme Court of Alabama · 1959
  5. Southern Railway Company v. StallingsSupreme Court of Alabama · 1958

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