State Ex Rel. Denson v. Howze

We are not here concerned with the question of whether the circuit judge should have issued the rule nisi. It is quite true that when a petition is presented for the issuance of a temporary writ or a rule nisi, the presumptions are taken against petitioner, and the temporary writ or rule nisi should not issue unless he shows a right without the aid of favorable presumptions. Dean v. Coosa County, 232 Ala. 177, 167 So. 566; 38 Corpus Juris, § 581, p. 866.

But when the rule nisi has issued, any defendant may demur to the petition, plead or answer it as to all such matters as may be necessary to…