George v. Roberts
Supreme Court of Alabama
Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Assumpsit by M. H. Roberts against L. W. George. Judgment for plaintiff and defendant appeals.
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Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Assumpsit by M. H. Roberts against L. W. George. Judgment for plaintiff and defendant appeals. Set-off and recoupment must be specially pleaded. — Marlow v. Rodgers, 102 Ala. 510. Payment cannot be shown under the general issue. — Ecvrper v. Leech, 89 Ala. 577; Slaughter v. Doe, 67 Ala. 494; § 5331, Code 1907. Matters in avoidance, excuse or justification, must be specially pleaded. —Thornton v. Dwight, 120 Ala. 653. In actions on contract the general issue puts in issue the truth of the allegations of the complaint…
1Opinion of the Court
McCLELLAN, J. —
This action, by appellee, the contractor, against appellant; the owner, was stated in seven common counts and a special count, the eighth, declaring upon the breach of a builder’s contract. The court gave the affirmative charge for the defendant on all the counts except 1 and 6.
The defendant presented six special pleas, besides the general issue. All the special pleas were stricken on demurrer, upon the sole ground the judgment entry recites that the matter thereof could be adduced under the general issue pleaded. This was error. With the exception of special plea 4 (payment)…
2Cases cited5 opinions
- Holmes v. RichetCalifornia Supreme Court · 1880
- Shriner v. CraftSupreme Court of Alabama · 1910
- Fike v. StrattonSupreme Court of Alabama · 1911
- Stratton v. FikeSupreme Court of Alabama · 1909
- Marlowe v. RogersSupreme Court of Alabama · 1893
3Cited by14 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Nunnally Co. v. Bromberg & Co.Supreme Court of Alabama · 1928
- Brotherhood of Railroad Trainmen v. BarnhillSupreme Court of Alabama · 1926
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