Ferguson v. Baber's Adm'rs
Supreme Court of Alabama
ERROR to the Circuit Court of Chambers. Tried before the Hon. Nat. Cook. Action of debt by Nathaniel Baber against the plaintiffs in error on a detinue bond. The pleadings are not shown by the record ; but the bill of exceptions recites, that the defendants’ demurrer to the declaration was overruled, and they thereupon pleaded the general issue, with leave to give any special matter in evidence.
Read the full summary
ERROR to the Circuit Court of Chambers. Tried before the Hon. Nat. Cook. Action of debt by Nathaniel Baber against the plaintiffs in error on a detinue bond. The pleadings are not shown by the record ; but the bill of exceptions recites, that the defendants’ demurrer to the declaration was overruled, and they thereupon pleaded the general issue, with leave to give any special matter in evidence. On the trial, it was shown that in said action of detinue, judgment was rendered for the defendant therein by the Circuit Court, which judgment was affirmed on error by the Supreme Court; and it was…
1Opinion of the CourtChilton, C. J.
The demurrer in this case to the declaration is not set out in the record, and, as every reasonable intendment is in favor of the regularity of the judgment, we must regard it as a general demurrer to the declaration; and so treating it, the court committed no error in overruling it, as it is well settled, that upon a demurrer to the whole declaration, although it may contain bad counts, yet, containing one good one, the demurrer must be overruled. There can be no question as to the sufficiency of the first count; it is in the usual form in debt on the penal part of the bond.
2. The next, and…
2Cited by10 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Roberts v. HeimSupreme Court of Alabama · 1855
- Drake v. WebbSupreme Court of Alabama · 1879
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
- Montgomery County v. BarberSupreme Court of Alabama · 1871
5 more not listed; retrieve them via the Exa API.