Jesse v. Cater
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was commenced in February, 1858, and was founded on an injunction bond, the condition of which, as alleged in the complaint, was, “ that if the said Jemima M. Cater, or her sureties for her, or her or their heirs, executors, administrators, or assigns, shall pay to the plaintiff, his executors, administrators, or assigns, all costs, loss, or damages, that he may or shall sustain by the…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was commenced in February, 1858, and was founded on an injunction bond, the condition of which, as alleged in the complaint, was, “ that if the said Jemima M. Cater, or her sureties for her, or her or their heirs, executors, administrators, or assigns, shall pay to the plaintiff, his executors, administrators, or assigns, all costs, loss, or damages, that he may or shall sustain by the illegal, wrongful, or improper suing out of an injunction from the 19th chancery district, State of Alabama, by which said…
1Opinion of the CourtWalker, J.
The appellant, who was the plaintiff below, demurred separately to the defendants’ two pleas. The demurrers were overruled; and, the plaintiff declining to further plead, a judgment was rendered for- the defendant. If either of the pleas, the demurrers to which were overruled, averred facts constituting a defense to the action, the judgment of the court below must be affirmed. Both the pleas go to the entire action; and therefore the plaintiff has not been prejudiced by the erroneous overruling the demurrer to one of the pleas, if the other was good. — See the cases of Firemen’s Ins. Co. v.…
2Cases cited10 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Griggs v. WoodruffSupreme Court of Alabama · 1848
- Firemen's Insurance v. Cochran & Co.Supreme Court of Alabama · 1855
- State v. BrantleySupreme Court of Alabama · 1855
- Allen v. GreeneSupreme Court of Alabama · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Dodge v. GaylordIndiana Supreme Court · 1876
- Gray v. ReynoldsSupreme Court of Alabama · 1989
- Burns v. LedbetterTexas Supreme Court · 1882
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
6 more not listed; retrieve them via the Exa API.