Steele v. Walker
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. N. D. Henson. This was an action of trespass brought by the appellant, W. B. Steele, against the appellee, B. W. Walker, to recover damages for the taking of a quantity of logs. The only rulings presented for review on the present appeal, are the rulings of the court in overruling demurrers to the third, fifth and seventh pleas filed by the defendant.
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Appeal from the Circuit Court of Macon. Tried before the Hon. N. D. Henson. This was an action of trespass brought by the appellant, W. B. Steele, against the appellee, B. W. Walker, to recover damages for the taking of a quantity of logs. The only rulings presented for review on the present appeal, are the rulings of the court in overruling demurrers to the third, fifth and seventh pleas filed by the defendant. The substance of these pleas, as presented, is sufficiently stated in the opinion. The demurrers thereto were as follows : To the third plea the plaintiff demurred upon the following…
1Opinion of the CourtBrickell, C. J.
This was an action of trespass for the taking of a quantity of logs, in which the appellant was plaintiff, and the appellee was defendant. The defendant pleaded the general issue, with three special pleas ; to the latter, the plaintiff filed demurrers which were overruled, and the overruling of them, is the matter of the assignments of error.
The pleas were taken “in short by consentthey do not state, or profess to state the facts relied on as constituting the defense. They are in fact mere skeletons, or outlines, referring to exhibits attached to and forming parts of them, from which the…
2Cases cited16 opinions
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