Adams v. Olive
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. Harman Adams, one of the appellants, filed a bill in-chancery against James Olive, in which he prayed for and-obtained an injunction. The injunction bond was executed by said Adams and the other appellants as sureties.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. Harman Adams, one of the appellants, filed a bill in-chancery against James Olive, in which he prayed for and-obtained an injunction. The injunction bond was executed by said Adams and the other appellants as sureties. The plaintiff to this suit, James Olive, claimed a breach of said bond in this, “ that at the fall term, 1871, of the Chancery Court of Henry county, wherein said cause was pending, said injunction was dissolved by decree of said Chancery Court, and by said injunction the plaintiff was damaged to…
1Opinion of the CourtManning, J.
1. The action in this cause was upon an injunction bond, and for damages done to plaintiff by the-*251suing out of the injunction. The demurrer to the complaint ■ did not assign specifically enough the particulars in which the complaint was defective. According to our statute law on the subject, “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 shaped in the demurrer.” — B. C. § 2656. The party against whom it is interposed, has not his attention called to the particular…
2Cases cited2 opinions
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