Kinney v. Reeves & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Cullman. Heard before the Hon. William II. Simpson. The bill in this case was filed by the appellees against the appellants. From a decree which sustained one ground of the demurrer interposed by the defendants and overruled the other grounds, the defendants prosecute the present-appeal, and assign as error the portion of ("he decree overruling the grounds of demurrer.
1Opinion of the CourtDowdell, J.
The appeal in this case is taken from the decree of the chancellor on the demurrer to the bill. *387Tlie demurrer was single and contained six grounds or assignments, eacli of which went to the bill in its entirety. The decree in terms overruled the first five grounds, but sustained the sixth. Where a demurrer contains more than one ground or assignment, and all' of which are addressed to the bill as a whole, the-sustaining of any one ground, is a sustaining of the demurrer. Coleman v. Butt, 130 Ala. 266.
The decree on the demurrer was favorable to the respondents, appellants here, and they cannot…
2Cases cited3 opinions
- Watson v. Jones Bros.Supreme Court of Alabama · 1898
- Coleman v. ButtSupreme Court of Alabama · 1900
- Cottingham v. GreelySupreme Court of Alabama · 1898
3Cited by5 opinions
- Crowson v. CodySupreme Court of Alabama · 1926
- Ratté v. ForandMassachusetts Supreme Judicial Court · 1938
- McCary v. DavisSupreme Court of Alabama · 1952
- Gulf Electric Co. v. FriedSupreme Court of Alabama · 1928
- Swope v. SwopeSupreme Court of Alabama · 1911