Cofer v. Schening
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Tried before the Hon. H. C. Speakg. Statutory ejectment by Mollie M. Cofer against Christopher Schening.
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Appeal from Cullman Circuit Court. Tried before the Hon. H. C. Speakg. Statutory ejectment by Mollie M. Cofer against Christopher Schening. This action was commenced October 30, 1888. The defendant pleaded the general issue, and, by special plea, that at tbe time of the commencement of this suit the plaintiff was restrained from the possession of the premises sued for by writ of injunction issued in a'cause then pending in the Chancery Court of Cullman county, in which the said Christopher Schening was complainant and Mollie M. Cofer, plaintiff here, was defendant; that said injunction was…
1Opinion of the CourtStone, C. J.
Tbe statute (Code, § 2759), authorizing a plaintiff to suffer a non-suit, and by bill of exceptions reserve adverse rulings of tbe trial court, for revision in this court, has been uniformly construed as restricting such power to those rulings and decisions, which are tbe proper matter of a bill of exceptions, and which without such bill, can not properly appear of record. It does not extend to rulings and decisions on demurrers to pleadings, which of necessity form part of tbe record.—3 Brick. Dig. 678, 357. Tbe assignments of error which refer to tbe rulings of tbe *341court on demurrers to tbe…
2Cases cited2 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Cargile v. RaganSupreme Court of Alabama · 1880
3Cited by14 opinions
- Holder v. TaylorSupreme Court of Alabama · 1937
- Jones v. ButlerSupreme Court of Alabama · 1970
- Coles v. MeskimenOregon Supreme Court · 1906
- Loper v. E. W. Gates Lumber Co.Supreme Court of Alabama · 1923
- Bush v. FullerSupreme Court of Alabama · 1911
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