Burns v. Hindman
Supreme Court of Alabama
Error to the Circuit Court of Benton, Action on the case, by the plaintiff, against the defendant in error, for maliciously suing out a capias ad satisfaciendum.
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Error to the Circuit Court of Benton, Action on the case, by the plaintiff, against the defendant in error, for maliciously suing out a capias ad satisfaciendum. The defendant pleaded the general issue, with leave to give any matter in evidence which might be legally pleaded in bar, and general replication; upon the trial, the defendant offered in evidence, a submission to arbitration between him and the plaintiff, and award, as follows : “Whereas, the undersigned, Abraham S. Burns, being about to institute a suit against Thomas C. Hindman, for false imprisonment, and both parties having had…
1Opinion of the CourtOrmond, J.
— There is a distinction as to a matter of de-fence arising after the issue joined, and such matter when it arises pending the suit, but before issue joined. In the former case it must be pleaded puis darrein continuance; in the latter it is a plea in bar to the further maintenance of the suit, and may be pleaded with other pleas iu bar, whilst the former is a waiver of all previous pleas. [Sadler v. Fisher, 3 Ala. Rep. 200.] From this it appears, that the testimony of the submission and award were properly admitted under the general issue. But if this were not so, we think the agreement of…
2Cases cited1 opinion
- Sadler v. Fisher's adm'rsSupreme Court of Alabama · 1841
3Cited by8 opinions
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Dryer v. LewisSupreme Court of Alabama · 1877
- Wright v. EvansSupreme Court of Alabama · 1875
- Murdock v. Rousseau's AdministratorSupreme Court of Alabama · 1858
- Groat v. PrachtSupreme Court of Kansas · 1884
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