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139 Ala. 174

Meyer v. Bloch

Supreme Court of Alabama

Decided November 15, 1903

Supreme Court of Alabama · decided 1903-11-15

AitioaTi from tlie City Court of Selma. Tried before tlie lion. John W. Mabey. This was a statutory action of detinue, brought by the appellee, I. Bloch, against the appellant, J. D. Meyer, to recover mules, a wagon, farm implements, cotton and corn, etc. The plaintiff claimed under a mortgage alleged to have been executed by him to the defendant.

Cited by 2 later decisions — most recently January 1909

2 state decisions

Relies on Powell v. Crawford · Sims v. Herzfeld · Smith, Stewart Co. v. Castellow

Good law ✅— No negative treatment on recordhow we know

Decided 1903-11-15

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TYSON, J.

¶1Of the five assignments of error, only two are insisted upon. Doubtless the other three are not urged because the matters to which they relate are not presented for review' by bill of exceptions. And for that matter, one of those insisted on, which complains of the overruling of a demurrer to the motion interposed by plaintiff to strike the defendant’s affidavit for an in-terpleader, is in the same predicament. Jones v. City of Anniston, 138 Ala. 199; 35 So. Rep. 112, and cases there cited. Besides the office of a demurrer is to test the sufficiency of a pleading. The motion at which the demurrer was directed in this case is not a pleading in the cause.

¶2The other assignment relates to the sustaining of the demurrer to the 7th plea. This plea is clearly subject to the defect pointed out in the demurrer. Powell v. Crawford, 110 Ala. 294; McAfee v. Glen Mary Coal & Coke Co., 97 Ala. 709; Sims v. Herzfeld, 95 Ala. 145; Carmclich v. Mims, 88 Ala. 355.

¶3Affirmed.

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