Estill v. Shelley
Supreme Court of Alabama
This action was trespass, vi et armis, for carrying away a slave; brought by Estill, in the Circuit Court of Shelby. There was a demurrer to the declaration ; and the defect complained of, was, that the time of committing the alleged trespass, was left blank in the declaration. The Court sustained the demurrer, and the plaintiff took his writ of error to this Court. . Shortridge, contra.
1Opinion of the Court
By Mr. Justice Hitchcock :
This is an action of trespass, vi et armis, for taking and carrying off a slave, the property of the plaintiff. The declaration is in the common form, but *186the blanks, as to the time of committing of the alleged trespass, are not filled up; for this, there is a general demurrer. This defect is cured by the sta^ tute of amendments, which considers all such defects as amended.a
The judgment, must, therefore, be reversed, and the cause remanded.
Aik. Dig.266.
2Cited by1 opinion
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