Merritt v. Flemming
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before Hon. H. D. Clayton. This action was brought by appellee against the appellants ; was commenced 26th. March, 1866, and was founded on two promissory notes made by defendants, payable to the plaintiff.
Read the full summary
Appeal from the Circuit Court of Henry. Tried before Hon. H. D. Clayton. This action was brought by appellee against the appellants ; was commenced 26th. March, 1866, and was founded on two promissory notes made by defendants, payable to the plaintiff. Judgment was rendered against the defendants at the fall term, 1867. On the trial of this cause, as the bill of exceptions states, “the defendants pleaded in short by consent, the following pleas, to-wit: 1st. That the notes, the foundation of this action, were executed and given by the defendant M. to the plaintiff, in compromise of a bastardy…
1Opinion of the CourtJudge, J.
1. One ground upon which it is insisted the demurrer to the pleas should have been overruled, is, that the causes of demurrer were not specified as required by the statute. — Rev. Code, 2656.
It was decided in Newsom v. Huey, 36 Ala. 37, that where the record does not affirmatively show that the demurrer was defective in the particular named, this court cannot presume such a deficiency. This adjudication is decisive of the same point in the present case, and is not in conflict with either of the cases cited by the appellants in support of their position.
The first case thus cited, is Owsley v.…
2Cases cited5 opinions
- Henley v. BushSupreme Court of Alabama · 1859
- Owsley v. Montgomery & West Point RailroadSupreme Court of Alabama · 1861
- Robbins v. MendenhallSupreme Court of Alabama · 1860
- Ashburne v. Gibson's Adm'rSupreme Court of Alabama · 1839
- Newsom v. HueySupreme Court of Alabama · 1860
3Cited by9 opinions
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Martin v. StateSupreme Court of Alabama · 1878
- Hodge v. TuftsSupreme Court of Alabama · 1896
- People v. HayesNew York Supreme Court · 1893
- Meyer v. MeyerWisconsin Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.