North Birmingham Trust & Savings Bank v. Adams
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. B. Adams against the North Birmingham Trust & Saving's Bank and another. From a judgment for plaintiff, defendants appeal. The first count was for use and occupation of certain described premises. The second count was for damage for trespass upon the same premises.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. B. Adams against the North Birmingham Trust & Saving's Bank and another. From a judgment for plaintiff, defendants appeal. The first count was for use and occupation of certain described premises. The second count was for damage for trespass upon the same premises. The third count was for damages for the same cause as set out in the second count, and alleging additionally the exclusion of plaintiff from rightful possession of the same. The demurrers were on the ground that the counts were vague, indefinite, and…
1Opinion of the CourtDowdell, C. J.
— The complaint originally contained three counts, but was subsequently amended by striking out the first count. This eliminated all questions arising on rulings on demurrer to the stricken count.
The second count was substantially in code form (Code 1907, § 5382, form 26, on p. 1199), and was not open to the demurrer directed against it. See O’Neal v. Simonton, 109 Ala. 167, 19 South. 412.
The ruling on demurrer to the third count is not assigned as error on the record, and is therefore not to be considered.
The transcript contains no bill of exceptions, and the record in no wise shows any…
2Cases cited1 opinion
- O'Neal v. SimontonSupreme Court of Alabama · 1895
3Cited by1 opinion
- Hines v. McMillanSupreme Court of Alabama · 1920