Legal Opinion

Staples v. Steed

Supreme Court of Alabama

Decided May 12, 1910PublishedCited by 18 opinions

Appeal from Clay County Court, Heard before Hon. W. J. Pearce. Action by C. L. Steed against W. D. Staples for damages resulting from the hilling of a horse. Judgment for plaintiff, and defendant appeals. The case made by the pleading and proof is sufficiently stated in the opinion.

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Appeal from Clay County Court, Heard before Hon. W. J. Pearce. Action by C. L. Steed against W. D. Staples for damages resulting from the hilling of a horse. Judgment for plaintiff, and defendant appeals. The case made by the pleading and proof is sufficiently stated in the opinion. The plea referred to is as follows : “That at the time of the commencement of this suit he was not a resident citizen of Clay county, Alabama, but that defendant was at such time a resident citizen of the city of Anniston, county of Calhoun, state of Alabama, at which place defendant had a permanent residence and…

1Opinion of the CourtSayre, J.

The plea of defendant’s non-residence was without merit. — Code 1907, § 6110; Hoge v. Herzberg, 141 Ala. 439, 37 South. 591. The demurrer was probably general; but if so the plea was incapable of amendment so as to make it good and the technical error involved in sustaining a general demurrer cannot avail for a reversal.—Ryall v. Allen, 143 Ala. 222, 38 South. 851.

Appellee’s complaint was that the defendant, a veterinary surgeon, had so negligently or unskillfully treated his horse for a spavin that the horse died as a result. The complaint was in tort. There seems little doubt *243on the…

2Cases cited3 opinions

  1. Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
  2. Ryall v. AllenSupreme Court of Alabama · 1904
  3. Hoge v. HerzbergSupreme Court of Alabama · 1904

3Cited by18 opinions

  1. Alabama Power Co. v. TalmadgeSupreme Court of Alabama · 1921
  2. Beatty v. PalmerSupreme Court of Alabama · 1916
  3. Stephens v. WilliamsSupreme Court of Alabama · 1933
  4. Standard Cooperage Co. v. DearmanSupreme Court of Alabama · 1920
  5. Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915

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