Rainey v. Long

Supreme Court of Alabama

Rainey v. Long

9 Ala. 754

CourtSupreme Court of Alabama

DecidedJanuary 15, 1846

StatusPublished

Cited by4 cases

This text of 9 Ala. 754 (Rainey v. Long) 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

Rainey v. Long, 9 Ala. 754 (Ala. 1846).

Pincite

Opinion

ORMOND, J.

The court erred in its charge to the jury, upon the evidence. There is no necessity to plead in abatement, that the action was commenced before the cause of action arose, such a defence may be made under the general issue. This is the doctrine as laid down in all of the text books, and books of pleading. In Facquire v. Kynaston, 2 Lord Raymond, 1249, a plea in abatement for this cause was held bad, because it amounted to the general issue. Let the judgment be reversed and the cause remanded.

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ORMOND, J.

The court erred in its charge to the jury, upon the evidence. There is no necessity to plead in abatement, that the action was commenced before the cause of action arose, such a defence may be made under the general issue. This is the doctrine as laid down in all of the text books, and books of pleading. In Facquire v. Kynaston, 2 Lord Raymond, 1249, a plea in abatement for this cause was held bad, because it amounted to the general issue. Let the judgment be reversed and the cause remanded.

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Bluebook (online)

9 Ala. 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainey-v-long-ala-1846.

Opinion

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