Willingham v. Wesley Hardware Co.

KNIGHT, Justice.

Suit by appellee upon an account, which is in Code form, and under our uniform rulings was not subject to defendant’s demurrer. Code, § 9531; Mann v. Butcher, 211 Ala. 669, 101 So. 595.

The plaintiff’s replications 1 to 4, inclusive, were neither frivolous nor irrelevant, and therefore the eourt properly overruled defendant’s motion to strike the same. Motion to strike is not the proper method of testing the sufficiency of a plea or replication. John Dodd Wholesale Grocery Co. v. Burt, 225 Ala. 438, 143 So. 832; Ashurst v. Arnold-Henegar-Doyle Co., 201 Ala. 480, 78 So. 386;…