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Docket Number
Attorney(S)
  • Horace C. Wilkinson, of Birmingham, for petitioner. Counsel argue for error in sustaining demurrer to plea 6, and cite Code 1907, § 5351; Thornton v. Dwight, 120 Ala. 653, 25 So. 22; Scarborough v. Blackman, 108 Ala. 656, 18 So. 735; Amer. Oak Ext. Co. v. Ryan, 112 Ala. 337, 20 So. 644; George v. Roberts, 186 Ala. 521, 5 So. 345. Nesbit Sadler, of Birmingham, opposed. It it not reversible error to sustain demurrer to a special plea setting up matter provable under the general issue. Andrews Stephens Pleading (2d Ed.) 150; Comer v. Franklin, 169 Ala. 573, 53 So. 797; Moore Bros. v. Cowan, 173 Ala. 536, 55 So. 903; West. Ry. v. Mitchell, 148 Ala. 35, 41 So. 427; Gilliland v. Martin, 149 Ala. 672, 42 So. 7. Petition of the Sunny South Grain Company for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Sunny South Grain Co. v. National Feed Co., 101 So. 542. Writ denied.
Judges
  • MILLER, J.
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Cites
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Horace C. Wilkinson, of Birmingham, for petitioner. Counsel argue for error in sustaining demurrer to plea 6, and cite Code 1907, § 5351; Thornton v. Dwight, 120 Ala. 653, 25 So. 22; Scarborough v. Blackman, 108 Ala. 656, 18 So. 735; Amer. Oak Ext. Co. v. Ryan, 112 Ala. 337, 20 So. 644; George v. Roberts, 186 Ala. 521, 5 So. 345. Nesbit Sadler, of Birmingham, opposed. It it not reversible error to sustain demurrer to a special plea setting up matter provable under the general issue. Andrews Stephens Pleading (2d Ed.) 150; Comer v. Franklin, 169 Ala. 573, 53 So. 797; Moore Bros. v. Cowan, 173 Ala. 536, 55 So. 903; West. Ry. v. Mitchell, 148 Ala. 35, 41 So. 427; Gilliland v. Martin, 149 Ala. 672, 42 So. 7. Petition of the Sunny South Grain Company for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Sunny South Grain Co. v. National Feed Co., 101 So. 542. Writ denied.
Judges
  • MILLER, J.
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Smart Summary

Ex parte SUNNY SOUTH GRAIN CO.

MILLER, J.

Without approving the opinion of the Court of Appeals that all matters alleged in the plea numbered 6 were provable under the general issue, nevertheless, if the matters so pleaded were litigated between the parties as in effect the opinion of the Court of Appeals states, then no harm was done the defendant in sustaining the demurrers to this plea 6 by the trial court, and the writ is denied.

Writ denied.

ANDERSON, C. J., and SAYRE and GARDNER, JJ., concur.

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EX PARTE SUNNY SOUTH GRAIN CO
(Oct 6, 1924)