Fields v. Walker
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Andrew B. Moore. John Walker and the other defendants in error, who are his brothers and sister, filed their petition for freedom, under the statute of this State, against the appellant, in the Circuit Court of Tuskaloosa County ; setting forth that they are free persons of color, the children of Milley Walker, who is a free woman of color ; that they were born in this State, and under its laws are entitled…
Read the full summary
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Andrew B. Moore. John Walker and the other defendants in error, who are his brothers and sister, filed their petition for freedom, under the statute of this State, against the appellant, in the Circuit Court of Tuskaloosa County ; setting forth that they are free persons of color, the children of Milley Walker, who is a free woman of color ; that they were born in this State, and under its laws are entitled to be free, their mother being free at the time of their birth; that they are unjustly held in bondage, and claimed as…
1Opinion of the CourtLigon, J.
it Í3 insisted that the court erred in sustaining the demurrer to the second plea of the defendant in the court below.
This plea was evidently intended as a plea to the jurisdiction of the court, and muss, therefore, be regarded a plea in abatement, since all plea,3 to the jurisdiction are pleas in abatement. In this aspect the plea ¡3 bad, both in its form and matter. In form, because it neither points out what other court has jurisdiction, nor does it conclude with the prayer,. “ whether the court will or ought to take further cognizance of the plea aforesaid,” both of which arc necessary in…
2Cited by7 opinions
- Baird v. Superior CourtCalifornia Supreme Court · 1928
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Spitzer v. Superior CourtCalifornia Court of Appeal · 1925
- Davis v. JonesSupreme Court of Alabama · 1938
- Atlantic Coast Line R. Co. v. BallardSupreme Court of Alabama · 1918
2 more not listed; retrieve them via the Exa API.