Callison v. Lemons
Supreme Court of Alabama
Lemons commenced an action of trespass, assault and battery in the Circuit Court of Blount, against the plaintiffs in error.
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Lemons commenced an action of trespass, assault and battery in the Circuit Court of Blount, against the plaintiffs in error. Fields, one of the defendants below, filed a plea in abatement, averring, that he was not resident of the county of Blount, but of the Cherokee nation, out of the limits of said county, where process was executed upon him, The other defendants joined in a plea of like character, hut which only alleged that the assault and battery were committed out of the jurisdiction of the Court, and that the process was served out of the county of Blount. The Court below, sustained a…
1Opinion of the Court
By Mr. Justice Thornton :
This was an action of trespass, assault and battery, brought against the plaintiffs,in error, by the defendant, in'the Circuit Court of Blount county. The plaintiffs severed in their pleas : Fields, one of them, pleading alone in abatement; and the others' uniting in a similar defence. ■ A demurrer was taken, and sustained to both of those pleas, and the plaintiffs in •error failing to plead over, a judgment By default was entered against-them, and an inquiry of damages had by the jurjy and judgment of the Court thereon.
The cause is here by writ of error, and the…
2Cited by6 opinions
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- Smith v. GayleSupreme Court of Alabama · 1877
- Heirs of Hunt v. Heirs of RobinsonTexas Supreme Court · 1846
- Clay v. Clay's HeirsTexas Supreme Court · 1872
- McNutt v. KingSupreme Court of Alabama · 1877
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