Robertson v. State

Alabama Court of Appeals

Robertson v. State

76 So. 479, 16 Ala. App. 195, 1917 Ala. App. LEXIS 257

CourtAlabama Court of Appeals

DecidedJune 30, 1917

Docket5 Div. 251.

StatusPublished

This text of 76 So. 479 (Robertson v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robertson v. State, 76 So. 479, 16 Ala. App. 195, 1917 Ala. App. LEXIS 257 (Ala. Ct. App. 1917).

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Opinion

SAMFORD, J.

The trial court committed error in sustaining the demurrer to the defendant’s plea. Moore v. State, 71 Ala. 307; Brooke v. State, 155 Ala. 78, 46 South. 491. If there was connivance or procurement on the part of the defendant in the judgment rendered in the justice of the peace court, the solicitor .should have set it up by replication.

Eor the error of the trial court in sustaining the state’s demurrer to the plea, the judgment of the trial court is reversed, and the cause is remanded.

Reversed and remanded.

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SAMFORD, J.

The trial court committed error in sustaining the demurrer to the defendant’s plea. Moore v. State, 71 Ala. 307; Brooke v. State, 155 Ala. 78, 46 South. 491. If there was connivance or procurement on the part of the defendant in the judgment rendered in the justice of the peace court, the solicitor .should have set it up by replication.

Eor the error of the trial court in sustaining the state’s demurrer to the plea, the judgment of the trial court is reversed, and the cause is remanded.

Reversed and remanded.

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Bluebook (online)

76 So. 479, 16 Ala. App. 195, 1917 Ala. App. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-state-alactapp-1917.

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