Howard v. Taylor
Supreme Court of Alabama
Appeal from Circuit Court of Morgan. Tried before tbe Hon. H. C. Speake. This action was brought by William T. Taylor against Frank A Howard, to recover damages for the alleged breach of a contract of sale; and was commenced on March 14,1887. The complaint as originally filed contained but one count, which was demurred to by the defendant, the demurrer containing six grounds.
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Appeal from Circuit Court of Morgan. Tried before tbe Hon. H. C. Speake. This action was brought by William T. Taylor against Frank A Howard, to recover damages for the alleged breach of a contract of sale; and was commenced on March 14,1887. The complaint as originally filed contained but one count, which was demurred to by the defendant, the demurrer containing six grounds. The court sustained the first, fourth and fifth grounds of this demurrer, and overruled the second, third and sixth grounds. Thereupon the plaintiff amended his complaint by adding another count, in which the plaintiff…
1Opinion of the CourtHead, J.
When the court sustained several of the grounds of the demurrer to the original complaint, that complaint, not being amended, necessarily went out of court. The fact that the court overruled the second, third and sixth *454grounds of the demurrer can be regarded as no more than a suggestion to the parties that the objections specifically urged by those assignments were not well taken. The case was therefore tried on the new count which was filed by way of amendment. The overruling the three grounds of demurrer can not be assigned as error here.
There was no error in the first charge given by the…
2Cited by8 opinions
- Long-Lewis Hardware Co. v. LightseyCourt of Civil Appeals of Alabama · 1980
- Cravens v. HunterMissouri Court of Appeals · 1901
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1895
- Heath v. United StatesDistrict Court, N.D. Alabama · 1949
- Wilson v. WigginWest Virginia Supreme Court · 1915
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