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157 Ala. 453

Hodges v. Wallace

Supreme Court of Alabama

Decided December 17, 1908

Supreme Court of Alabama · decided 1908-12-17

Heard before Hon. D. W. Speaks. Ejectment between William G-. Hodges and others and B. P. Wallace and others. From the judgment, Hodges and others appeal. Counsel discuss the pleadings and the action of the court thereon, with citation of authority, but does not discuss the question decided.

Cited by 1 later decisions — most recently April 1932

1 state decisions

Relies on Harrison v. Alabama Midland Ry. Co. · Aetna Life Insurance v. Lasseter · Cottingham v. Greely Barnham Grocery Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1908-12-17

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SIMPSON, J.

¶1— In this case the appellants do not insist on the assignments in regard to rulings on demurrers, hut only on those assignments regarding rulings on motions to strike replications, rejoinders, and rebutters. As neither the motions nor said pleadings sought to he stricken are set out in the bill of exceptions, under the rulings of this court they cannot be considered.—Holley v. Coffee, 123 Ala. 406, 26 South. 239; Cottingham v. Greely-Barnham Gro. Co., 129 Ala. 200, 30 South. 560, 87 Am. St. Rep. 58; Harrison a. Alabama Midland Ry. Co., 144 Ala. 246, 40 South. 394; Etna Life Ins. Co. v. Lasseter, 153 Ala. 630, 45 South. 166, 15 L. R. A. (N. S.) 252; 3 Ency. Pl. & Pr. 400, 401. Consequently the cause must be affirmed.

¶2Affirmed.

Tyson, C. J., and Dowdell and Denson, JJ., concur.
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