Williams v. Ivey
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lowndes.. Tried before tbe Hon. Nat. -Cook. This action, was brought'by Elijah Williams,' against Samuel Ivey, to recover damages for an assault and battery, and for false imprisonment.' The original complaint con* tained two counts, which were identical with those in the-’ case of Reason Williams against Ivey, page 244. The ' circuit court sustained a demurrer to the complaint, for a '• misjoinder of counts ,* holding, that the first count…
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Appeal from tbe Circuit Court of Lowndes.. Tried before tbe Hon. Nat. -Cook. This action, was brought'by Elijah Williams,' against Samuel Ivey, to recover damages for an assault and battery, and for false imprisonment.' The original complaint con* tained two counts, which were identical with those in the-’ case of Reason Williams against Ivey, page 244. The ' circuit court sustained a demurrer to the complaint, for a '• misjoinder of counts ,* holding, that the first count was in - trespass, and the second in case. The plaintiff then amended his complaint, by striking out the first count? and…
1Opinion of the CourtA. J. Walker, C. J.
Both counts of the complain. Were in trespass, as was decided by .this court in the kindred case of Reason Williams v. Ivey, at the present term. The court erred, therefore, in- sustaining the demurrer for' mis-joinder of counts.
[2.] This error was not waived, by the plaintiff’s amending and proceeding to trial. Section 2255 of the'Code secures the right of assigning the judgment-on demurrer for error in such a case, unless the plaintiff has sustained no injury by the> judgment in consequence of the amendment. The decision in Stallings v. Newman, (26 Ala. 300,) was made in a suit commenced on…
2Cases cited2 opinions
- Stallings v. NewmanSupreme Court of Alabama · 1855
- Sheppard v. SheltonSupreme Court of Alabama · 1859
3Cited by6 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Ellis & Co. v. BrannonSupreme Court of Alabama · 1909
- Woodall v. McMillanSupreme Court of Alabama · 1863
- Black v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1919
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