Powell v. Asten

Supreme Court of Alabama

Powell v. Asten

36 Ala. 140

CourtSupreme Court of Alabama

DecidedJanuary 15, 1860

StatusPublished

Cited by4 cases

This text of 36 Ala. 140 (Powell v. Asten) 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

Powell v. Asten, 36 Ala. 140 (Ala. 1860).

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Opinion

R. W. WALKER, J.

If it be conceded that the special plea, the demurrer to which was sustained, contained substantial matter of defense to the action, it is clear that the facts alleged might have been given in evidence under the other-pleas filed by the defendant. There was, therefore, no error of which the appellant can complain, in sustaining the demurrer. — Rodgers’ Adm’r v. Brazeale, 34 Ala. 512, and cases there cited.

2. It is not shown that the defendant excepted to the action of the court, in refusing leave to plead over. He cannot, therefore, assign it as ei'ror in this court.

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R. W. WALKER, J.

If it be conceded that the special plea, the demurrer to which was sustained, contained substantial matter of defense to the action, it is clear that the facts alleged might have been given in evidence under the other-pleas filed by the defendant. There was, therefore, no error of which the appellant can complain, in sustaining the demurrer. — Rodgers’ Adm’r v. Brazeale, 34 Ala. 512, and cases there cited.

2. It is not shown that the defendant excepted to the action of the court, in refusing leave to plead over. He cannot, therefore, assign it as ei'ror in this court.

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Bluebook (online)

36 Ala. 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-asten-ala-1860.

Opinion

R. W. WALKER, J.

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