Street v. Browning
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Action by J; W. Browning against J. O. Street, and others, for damages for breach of the condition of an attachment bond made by the defendant as a condition to the issuance and levy of the writ against J. W. Browning. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Action by J; W. Browning against J. O. Street, and others, for damages for breach of the condition of an attachment bond made by the defendant as a condition to the issuance and levy of the writ against J. W. Browning. Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The complaint would not support the judgment. 113 Ala. 420, 21 South. 928; Neither of the counts were good as against the demurrer. 20 Ala. 527; 59 Ala. 203. Attorney’s fees must be claimed…
1Opinion of the CourtSomerville, J.
[1] Although a defendant in a civil suit at law has a right to plead to the merits at any time before a default is entered against him (Craig & Co. v. Pierson Lumber Co., 179 Ala. 535, 60 South. 838), a demurrer to the complaint is not a plea to the merits (Black v. Smith Lumber Co., 179 Ala. 397, 60 South. 154); and the filing of a demurrer after the time prescribed by law is a privilege to be accorded or denied within the sound discretion of the trial judge, a discretion not revis'able on appeal.
The summons in this case was served on the defendants on October 20, 1917, requiring him to…
2Cases cited7 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- McLane v. McTigheSupreme Court of Alabama · 1889
- Savage v. GunterSupreme Court of Alabama · 1858
- Black v. W. T. Smith L. Co.Supreme Court of Alabama · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Du Pree v. HartSupreme Court of Alabama · 1942
- MacMahon v. City of MobileSupreme Court of Alabama · 1949
- Donavan v. FandrichSupreme Court of Alabama · 1957
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