Fidelity & Deposit Co. v. Walker
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. O. P. Almon Action by Robert H. Walker and others against the Fidelity & Deposit Company of Maryland for the breach of an injunction bond. From a judgment for plaintiffs, defendant appeals. Tt is unnecessary to set out the first and second counis.
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Appeal from Colbert Circuit Court. Heard before Hon. O. P. Almon Action by Robert H. Walker and others against the Fidelity & Deposit Company of Maryland for the breach of an injunction bond. From a judgment for plaintiffs, defendant appeals. Tt is unnecessary to set out the first and second counis. The third, fourth, fifth, and sixth counts are in the following language: (3) “Plaintiffs claim of the defendant the sum of $1,500 for the breach" of the conditions of a certain bond made bv the defendant on, to wit, the 8th day of March, 1898, together with George Gillham, S. E. Hunt, and M. L.…
1Opinion of the CourtDowdell, C. J.
The complaint as originally filed contained two counts, and was subsequently amended by adding counts, 3, 4. 5, and 6. A demurrer was filed to the first and second counts, assigning many grounds. *141The judgment entry recites, after amendment allowed to the first count, that the demurrer to counts 1 and 2 is sustained on the fourteenth ground, overruling all other grounds. It does not appear that any amendment was made or offered as to counts 1 and 2 after this ruling on the demurrer. The sustaining of any one ground of a demurrer to a count is as effective in putting such count out as would he…
2Cases cited5 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Daniels v. CarneySupreme Court of Alabama · 1906
- Jackson v. MillspaughSupreme Court of Alabama · 1893
- Curry v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1899
- Debter v. HenrySupreme Court of Alabama · 1905
3Cited by9 opinions
- Savage v. SavageSupreme Court of Alabama · 1945
- Jefferson County v. Gulf Refining Co.Supreme Court of Alabama · 1919
- Glens Falls Ins. Co. v. FIRST NAT. BANK OF NEVADANevada Supreme Court · 1967
- American Tie & Timber Co. v. Naylor Lumber Co.Supreme Court of Alabama · 1914
- Fidelity & Deposit Co. v. West Blocton Sav. BankSupreme Court of Alabama · 1927
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