Elmes v. McKenzie
Supreme Court of Alabama
Error to the County Court of Autauga. Assumpsit, by the plaintiffs in error, against the defendant in error, who in proper person pleaded in abatement, “ that at the time the plaintiff’s writ was executed upon him, that he was a citizen and free-holder of the county of Tallapoosa, and that he still resides in said county, and ever has, from the begining of the said action; all of which he is ready to verify and therefore he puts himself upon the country, whether the…
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Error to the County Court of Autauga. Assumpsit, by the plaintiffs in error, against the defendant in error, who in proper person pleaded in abatement, “ that at the time the plaintiff’s writ was executed upon him, that he was a citizen and free-holder of the county of Tallapoosa, and that he still resides in said county, and ever has, from the begining of the said action; all of which he is ready to verify and therefore he puts himself upon the country, whether the plaintiff should have or maintain the said action. Sworn to, &c. John McKenzie.” To this plea, the plaintiffs demurred and the…
1Opinion of the CourtOrmond, J.
The plea is defective in concluding to the country. Pleas to the jurisdiction .should conclude with a verification. [1 Chitty’s Pleading, 450.] It is true, that in the body of the plea, there is an offer to verify it, but the conclusion of the plea is to the country, which must be regarded as the tender of an issue to the country, as it could not be tolerated that a plea in abatement, should be framed so ambiguously as to leave it in doubt, whether it concluded with a verification or to the country. Matters of form are regarded as substance in pleas in abatement, and are not embraced in our…
2Cases cited1 opinion
- Casey v. ClevelandSupreme Court of Alabama · 1838
3Cited by4 opinions
- Hart v. TurkSupreme Court of Alabama · 1849
- Garner v. JohnsonSupreme Court of Alabama · 1853
- Townsend v. Jeffries' Adm'rSupreme Court of Alabama · 1854
- Caldwell v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1847