Perkins v. Moore
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa.- Tried before Hie Hon. John D. Phelan. This was an action of debt, instituted in the name of the defendant, for the use of Isaac N. Mayfield and wife, against the plaintiff in error, as a security on the bond of Edward B. Elliott, Executor of John Spencer, deceased. The facts of the case appear fully in the opinion of the Court. 1. A judgment on a general demurrer to a declaration is a final judgment on the merits.
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Error to the Circuit Court of Tuscaloosa.- Tried before Hie Hon. John D. Phelan. This was an action of debt, instituted in the name of the defendant, for the use of Isaac N. Mayfield and wife, against the plaintiff in error, as a security on the bond of Edward B. Elliott, Executor of John Spencer, deceased. The facts of the case appear fully in the opinion of the Court. 1. A judgment on a general demurrer to a declaration is a final judgment on the merits. Gould’s Pleading, 477, § § 43-44; Bacon’s Ab., title Pleas and Pleading — Demurrer 4. II. A plea of a former judgment for the defendant on…
1Opinion of the Court
CHILTON J.
No objection is brought to our view, to the declaration in this case. It is in the usual form and contains every averment necessary to make it good. It is upon the bond of the executor, against whom the plaintiffs below have a judgment in the Orphan’s Court, with a retail of mil-la bona, upon an execution issued thereon. This, according to our numerous decisions, is sufficient to entitle the plaintiffs below to their action.
The several pleas 'which were filed in this case, except the first, have passed under our revision, in the case of Perkins et al v. Moore, Judge, &c., at the…
2Cases cited1 opinion
- Pace v. DosseySupreme Court of Alabama · 1827
3Cited by16 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Crowson v. CodySupreme Court of Alabama · 1926
- Milbra v. Sloss-S. S. & I. Co.Supreme Court of Alabama · 1913
- People ex rel. Chilcoat v. HarrisonIllinois Supreme Court · 1912
- Town of Tallassee v. State Ex Rel. BrunsonSupreme Court of Alabama · 1921
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