Davidson v. Rice
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Bill by J. Henry Davidson and others against W. B. Rice to determine title to land. Decree for respondent, and complainants appeal.
Read the full summary
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Bill by J. Henry Davidson and others against W. B. Rice to determine title to land. Decree for respondent, and complainants appeal. The decree is as follows: The cause was submitted and held for decree in said case upon the pleadings and proof as noted by the register, and now upon consideration thereof, the court is of the opinion that the demurrers filed by the respondent to thei original bill are well taken, but it is true that in the note of submission the demurrers are not made. Upon consideration of all the evidence,…
1Opinion of the Court
McOLELLAN, j.
The report of this appeal will contain the decree under review. It is to be observed that the decree proper sustained demurrer to the original bill, and finally dismissed the bill without prejudice, omitting the preservation to the conrplainants of the right to amend to meet the objection justified ’by the court’s judgment. The demurrer to the original bill was filed “along with this full answer,” from which we conclude that the demurrer was incorporated in the answer, as Code, § 3128, contemplates. Rule 72 of Chancery Practice (Civil Code, p. 1550) provides:
“All demurrers,…
2Cases cited3 opinions
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Gilmer v. WallaceSupreme Court of Alabama · 1883
- Hale v. HaleSupreme Court of Alabama · 1917
3Cited by12 opinions
- Ezzell v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1928
- Potts v. Court of CommissionersSupreme Court of Alabama · 1919
- Caudle v. CottonSupreme Court of Alabama · 1937
- West v. State Ex Rel. MatthewsSupreme Court of Alabama · 1937
- Zaner v. ThrowerSupreme Court of Alabama · 1919
7 more not listed; retrieve them via the Exa API.