Henley v. Bush
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. S. D. Hale. The amended complaint in this case was as follows: “Albert T. Henley r The plaintiff also claims of the vs. J defendant $1000, for the breach of an Edmund T. Bush.
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Appeal from the Circuit Court of Pickens. Tried before the Hon. S. D. Hale. The amended complaint in this case was as follows: “Albert T. Henley r The plaintiff also claims of the vs. J defendant $1000, for the breach of an Edmund T. Bush. ( agreement in writing, entered into by him on the 20th November, 1847, in said county, by which he promised one John Robinson to return to him, orto account for, a note for |468 63, given by him to W. A. Scott, due on the 17th March, 1847; which note said ‘defendant received from said Robinson, on said 20th November, 1847, at- the time he made said written…
1Opinion of the Court
A. J. 'WALKER, C. J.—
The court below erred in visiting the plaintiff’s demurrer to the defendant’s plea upon the complaint. Until the Code was adopted, it was “an established rule, that upon the argument of a demurrer, the court would, notwithstanding the defect in the pleading demurred to, give judgment against the party whose pleading- was first defective in substance.—1 Chilty on PI. 668. That rule is abolished in this State by section 2253 of the Code, which is in the following words : “No demurrer-in pleading can be allowed, but to matter of substance, which the party demurring…
2Cases cited5 opinions
- Byrd v. McDanielSupreme Court of Alabama · 1855
- Garnett v. YoeSupreme Court of Alabama · 1849
- Skinner v. Bedell's Adm'rSupreme Court of Alabama · 1858
- Agee v. MedlockSupreme Court of Alabama · 1854
- Bondurant v. Sibley's HeirsSupreme Court of Alabama · 1857
3Cited by21 opinions
- Morrow v. WoodSupreme Court of Alabama · 1876
- Erswell v. FordSupreme Court of Alabama · 1921
- Smith v. FlynnSupreme Court of Alabama · 1963
- Sanders v. Gernert Bros. Lumber Co.Supreme Court of Alabama · 1930
- Lehman, Durr & Co. v. MarshallSupreme Court of Alabama · 1872
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