Donnell v. Jones
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Before the Hon. G. Goldthwaite. Case by the defendants in error, for the wrongful and malicious suing out by the plaintiff in error, of an ancillary attachment, by which their reputation and credit as merchants were destroyed, &c. See the declaration at length in the opinion of the court.
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Error to the Circuit Court of Autauga. Before the Hon. G. Goldthwaite. Case by the defendants in error, for the wrongful and malicious suing out by the plaintiff in error, of an ancillary attachment, by which their reputation and credit as merchants were destroyed, &c. See the declaration at length in the opinion of the court. The defendant pleaded five pleas, the two first of which the plaintiff took issue upon, and demurred to the third, fourth, and fifth, which are set out in extenso in the opinion. The court sustained the demurrer to these pleas. Prom a bill of exceptions, it appears, the…
1Opinion of the CourtChilton, J.
1. It is a well established rule of pleading, that a demurrer brings the whole record before the court, and that the court upon an examination of the record, will give judgment against the party who committed the first fault. United States v. Gurney, et al. 4 Cranch, 333; Ansley v. Mock, 8 Ala. Rep. 444. This rule applies to the case under consideration, and imposes upon us the necessity, not only of considering the sufficiency of the pleas to which the demurrer was sustained, but also, the sufficiency of the plaintiff’s declaration; for if that be wanting, the demurrer should have been…
2Cases cited21 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Armstrong v. PercyNew York Supreme Court · 1830
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Milton v. RowlandSupreme Court of Alabama · 1847
- United States v. Gurney and OthersSupreme Court of the United States · 1808
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3Cited by89 opinions
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Boswell v. StateSupreme Court of Alabama · 1879
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Bell v. ReynoldsSupreme Court of Alabama · 1885
84 more not listed; retrieve them via the Exa API.