Cravens v. Bryant

Supreme Court of Alabama

Cravens v. Bryant

3 Ala. 278

CourtSupreme Court of Alabama

DecidedJanuary 15, 1842

StatusPublished

Cited by1 cases

This text of 3 Ala. 278 (Cravens v. Bryant) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cravens v. Bryant, 3 Ala. 278 (Ala. 1842).

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Opinion

ORMOND, J.

In this case, the defendant pleaded a plea in. abatement of the suit, to which the. plaintiff below demurred-, and the Court sustained the demurrer, and rendered judgment for the debt. This was erroneous- If a verdict had been found against the defendant on an issue in fact, upon the plea, a final judgment should have been rendered for the plaintiff; but if the-plaintiff prevails on a demurrer to such a plea, the judgment is not final, but interlocutory only — that the defendant answer-over.

Let the judgment be reversed, and the cause remanded.

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ORMOND, J.

In this case, the defendant pleaded a plea in. abatement of the suit, to which the. plaintiff below demurred-, and the Court sustained the demurrer, and rendered judgment for the debt. This was erroneous- If a verdict had been found against the defendant on an issue in fact, upon the plea, a final judgment should have been rendered for the plaintiff; but if the-plaintiff prevails on a demurrer to such a plea, the judgment is not final, but interlocutory only — that the defendant answer-over.

Let the judgment be reversed, and the cause remanded.

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Bluebook (online)

3 Ala. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cravens-v-bryant-ala-1842.

Opinion

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