Lankford v. Green
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Tried before Hon. Louis Wyeth. This was an action of trespass quare clausum fregib, brought by tbe appellant, John. M. Lankford, against the appellee, Anthony B. Green, to recover damages for a trespass upon a certain piece of land.
Read the full summary
Appeal from DeKalb Circuit Court. Tried before Hon. Louis Wyeth. This was an action of trespass quare clausum fregib, brought by tbe appellant, John. M. Lankford, against the appellee, Anthony B. Green, to recover damages for a trespass upon a certain piece of land. The summons in the case was executed on the 2d day of February, 1871. On the 16th day of March, 1875, by permission of the court the defendant filed a plea, which set up “that before tbe commencement of the suit the plaintiff had been adjudged a bankrupt, and that all his property and rights of actions, including the subject…
1Opinion of the Court
BRICKELL, C. J.-
-The refusal to strike out a plea which is merely defective, not a nullity, is not revisable on error. The primary court may, in its discretion, refuse to entertain the motion, and put the party on his demurrer. — Johnson v. Wren, 3 Stew. 172; Townson v. Moore, 9 Port. 136; Stanley v. Hill, ib. 368; Turner v. Brown, 9 Ala. 867; Johnson v. McLaughlin, ib. 551; Williams v. Hinkle, 15 Ala. 713; Duncan v. Hargrove, 22 Ala. 150; Mahoney v. O’Leary, 34 Ala. 97. The rule is changed, when the court, in the exercise of its discretion, entertains the motion, and improperly strikes out…
2Cases cited5 opinions
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Johnson v. WrenSupreme Court of Alabama · 1830
- Mahoney v. O'LearySupreme Court of Alabama · 1859
- Williams v. HinkleSupreme Court of Alabama · 1849
- Townson v. MooreSupreme Court of Alabama · 1839
3Cited by9 opinions
- Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Karter v. FieldsSupreme Court of Alabama · 1900
- Yolande Coal & Coke Co. v. NorwoodAlabama Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.