Legal Opinion

Eads v. Murphy

Supreme Court of Alabama

Decided June 15, 1875PublishedCited by 15 opinions

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

  1. City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
  2. Holley v. YoungeSupreme Court of Alabama · 1855
  3. Gibson v. MarquisSupreme Court of Alabama · 1857
  4. Bell v. ThompsonSupreme Court of Alabama · 1859
  5. Pinkston v. HuieSupreme Court of Alabama · 1846

12 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
  2. Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
  3. Lake-side Land Co. v. DromgooleSupreme Court of Alabama · 1889
  4. Whitley v. StateSupreme Court of Alabama · 1910
  5. Hamaker v. CoonsSupreme Court of Alabama · 1897

10 more not listed; retrieve them via the Exa API.

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