Morton v. Bradley
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. S. D. Hale. This action was brought by John Morton against John Bradley, to recover damages for tbe killing of a slave; and was commenced in October, 1854. The sufficiency of the complaint was determined on a former appeal.— See 27 Ala. 640. The defendant interposed seven pleas in bar of the action; to the third, fourth, and fifth of which, demurrers were sustained.
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Appeal from the Circuit Court of Pickens. Tried before the Hon. S. D. Hale. This action was brought by John Morton against John Bradley, to recover damages for tbe killing of a slave; and was commenced in October, 1854. The sufficiency of the complaint was determined on a former appeal.— See 27 Ala. 640. The defendant interposed seven pleas in bar of the action; to the third, fourth, and fifth of which, demurrers were sustained. The other pleas, on which issue was joined, were as follows : \ “1. He denies all the allegations of plaintiff’s complaint. “2. He is not guilty in manner and form,”…
1Opinion of the Court
"WALKER, J.
It is contended for the defendant, that notwithstanding the seventh plea may have been bad, the overruling of the demurrer to it was error with out injury. It is conceded, upon the authority of the case of The State v. Brantley, 27 Ala. 44, that a plaintiff will not be regarded as having been inj ured by the overruling of a demurrer to a bad plea, if there are one or more other pleas to the entire action which are good, and if issues of fact upon all the pleas have been found in favor of the defendant. *691Perhaps it may hereafter be found necessary to restrict the rule, so as not to…
2Cases cited5 opinions
- Eskridge v. StateSupreme Court of Alabama · 1854
- Dave v. StateSupreme Court of Alabama · 1853
- Nelson v. BondurantSupreme Court of Alabama · 1855
- State v. BrantleySupreme Court of Alabama · 1855
- Foust v. YieldingSupreme Court of Alabama · 1856
3Cited by4 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Hammond v. StateSupreme Court of Alabama · 1906
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Steadman v. SteadmanSupreme Court of Alabama · 1868