Eads v. Murphy
Supreme Court of Alabama
Appeal from Circuit Court of Sumter. Tried before the Hon. James Q. Smith. Suit by appellees, against appellant, as transferees of a note executed by him to Inge & Blocker. J] Appellant pleaded, in short by consent, 1st, the general issue; 2d, payment, and 3d, recoupment.
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Appeal from Circuit Court of Sumter. Tried before the Hon. James Q. Smith. Suit by appellees, against appellant, as transferees of a note executed by him to Inge & Blocker. J] Appellant pleaded, in short by consent, 1st, the general issue; 2d, payment, and 3d, recoupment. For a fourth plea, he alleged that the note sued on (together with another note) was executed by him to Inge & Blocker, and given for land (describing it) ; that prior to making the note Inge & Blocker executed to him a title bond, agreeing to make titles to him to the land, on payment by him of the purchase-money; that he…
1Opinion of the CourtBrickell, C. J.
1. The statute declares, “ No demurrer in pleading can be allowed but to matter of substance which the party demurring specifies ; and no objection can be taken or allowed which is not distinctly stated in the demurrer.” R. C. § 2656. The construction this statute has received conforms to its language: that when a demurrer is interposed, the court cannot consider any other objection than is specifically stated. Cotton v. Rutledge, 33 Ala. 116 ; Holley v. Younge, 27 Ala. 203. However insufficient the pleading may be in other respects, if it is not obnoxious to the particular objections…
2Cases cited17 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Pinkston v. HuieSupreme Court of Alabama · 1846
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3Cited by15 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Lake-side Land Co. v. DromgooleSupreme Court of Alabama · 1889
- Whitley v. StateSupreme Court of Alabama · 1910
- Hamaker v. CoonsSupreme Court of Alabama · 1897
10 more not listed; retrieve them via the Exa API.