Esslinger v. Herring
Supreme Court of Alabama
Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Action by Minnie L. Herrin against Emma, O. Esslinger. From a decree sustaining a demurrer to the bill, resepondent appeals. Counsel discusses the various questions raised by the pleadings and cite authorities to sustain the same, but does not discuss the points decided. Counsel discuss propositions contained in the pleadings, and cite authorities but do not discuss the point decided.
1Opinion of the CourtDenson, J.
After the bill had been amended the second time the respondent demurred to it, assigning 13 grounds or causes of demurrer. The chancellor sustained the demurrer, and it is from this decree that the appeal is taken by the respondent.
Notwithstanding the decree recites that the demurrer is sustained on specified grounds and overruled as to all others, it is a decree sustaining a demurrer to the bill, and nothing more or less. As was said by this court in the case of Watson v. Jones Brothers, 121 Ala. 579, 25 South. 720: “The chancellor’s reference to the assignments upon which he rested the…
2Cases cited4 opinions
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Watson v. Jones Bros.Supreme Court of Alabama · 1898
- Coleman v. ButtSupreme Court of Alabama · 1900
- Cottingham v. GreelySupreme Court of Alabama · 1898
3Cited by5 opinions
- Howell v. HowellSupreme Court of Alabama · 1911
- American Life Ins. Co. v. PowellSupreme Court of Alabama · 1954
- McCary v. DavisSupreme Court of Alabama · 1952
- Klein v. Jefferson County Building & Loan Ass'nSupreme Court of Alabama · 1940
- Steele v. FreemanSupreme Court of Alabama · 1948