Report of Cases Argued And Determined in the Supreme Court of Alabama volume 2
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 2
Alabama Supreme Court
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The assignments of error are 1. The Court erred in sustaining the demurrers to the third, fourth and fifth pleas. 2. The declaration is insufficient. 3. The Court erred in not permitting the defendant to plead over. 4. The Court erred in not permitting the evidence of the fai- lure to present the note within eighteen months, under the gen- eral issue. CHILTON, for plaintiff in error, cited Aik. Dig. 184; 1 Stew- art 473. ORMOND, J. No objection is taken in the argument, sub- mitted by the plain...tiff's counsel, to the declaration ; and on looking into it, we do not perceive any objection to it. The pleas which were demurred to, are not only destitute of form, but are substantially defective. They do not, either of them, present any fact in such a manner, that issue could be 384 ALABAMA. The Adm'rs. Of Mardis v. Smith. taken on them. This, indeed, is not controverted; but is as- cribed to the loose manner of pleading common in the coun- try. There is no agreement in the record, on the part of the plaintiffs, to waive any right ; but, on the contrary, from his interposing a demurrer, we must intend he designed to insist on all his rights ; and, according to law, the pleas cannot be supported.
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