Robbins v. Mendenhall

Decided January 15, 1860

Supreme Court of Alabama · decided 1860-01-15

Tried before the Hon. Alex. McKinstry. This action was brought by James Mendenhall, against Martin Bobbins, George Keyser, and John Hartnvell, to recover damages for the breach of a special contract, by which the defendants, “as trustees of the Jacksonville school district in Mobile county,” employed the plaintiff to take charge-of the school for a session of five months, commencing in September, 1857.

Relies on Burns v. Mayor

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-15

How this case has been cited

Cited by 7 later decisions — most recently June 1906

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STONE, J.

¶1The only error assigned on this record, is the overruling of the defendants’ demurrer to the complaint. Looking into the demurrer, we find it does not specify any grounds of demurrer, within the spirit of the statute. — Code, § 2253; Burns v. Mayor of Mobile, 34 Ala. 485. The demurrer is but a general one, without specifying any grounds. We cannot consider this as a demurrer under our statute ; and the result is, that the assignment of error raises no question for our consideration.

¶2Judgment affirmed.