Crawford v. Chandler
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. This was a proceeding against the defendant, as sheriff of Perry, by notice and motion, under the statute for the recovery of a judgment against him and his sureties, for failing to return a writ offieri facias, issued and placed in his hands at the suit of the plaintiff, against the goods, &c. of the “ Manual Labor Institute of South Alabama.”
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Writ of Error to the Circuit Court of Perry. This was a proceeding against the defendant, as sheriff of Perry, by notice and motion, under the statute for the recovery of a judgment against him and his sureties, for failing to return a writ offieri facias, issued and placed in his hands at the suit of the plaintiff, against the goods, &c. of the “ Manual Labor Institute of South Alabama.” The notice distinctly indicates when the motion will be made; and further states that a judgment will be sought “according to the act of Assembly of 1819, in such case made and provided.” An issue was made…
1Opinion of the CourtCollier, C. J.
It is entirely competent for the Court to permit a party to withdraw or amend his plea at any time. And though by pleading to issue, the defendant impliedly assents that the cause of action is well stated by the plaintiff, or that he will for the present, forego any objection to its sufficiency, yet it is allowable for the defendant to withdraw a plea to the merits, with the permission of the Court, and interpose his demurrer. Whether leave will he granted thus to modify the' pleadings, depends upon the discretion of the Court, but that the power does exist so long as the cause is pending,…
2Cases cited3 opinions
- Neale v. CaldwellSupreme Court of Alabama · 1830
- M'Whorter v. MarrsSupreme Court of Alabama · 1827
- Hill v. President of Bank of AlabamaSupreme Court of Alabama · 1837
3Cited by1 opinion
- Graham v. ChandlerSupreme Court of Alabama · 1849