City of Decatur v. White

• Decision Date: 04 February 1896
• Citation: 109 Ala. 389,19 So. 428
• Parties: MAYOR, ETC., OF CITY OF DECATUR v. WHITE.
• Court: Alabama Supreme Court

19 So. 428

109 Ala. 389

MAYOR, ETC., OF CITY OF DECATUR v. WHITE.

Supreme Court of Alabama

February 4, 1896

Appeal from circuit court, Morgan county; H. C. Speake, Judge.

Action by Alonzo White against the mayor and council of the city of Decatur on certain interest coupons detached from bonds issued by such city. From a judgment in favor of plaintiff on refusal of defendant to plead further after sustaining plaintiff's demurrers to defendant's pleas, defendant appeals. Reversed and remanded.

O. Kyle, for appellant.

COLEMAN, J.

Suit was instituted by Alonzo White against the mayor and council of the city of Decatur upon certain interest coupons which had been detached from the bonds. The ruling of the court overruling the demurrer to the complaint is not assigned as error, and we will not consider it. The defendant filed a number of pleas to the complaint, to all of which the court sustained the plaintiff's demurrer. Only two assignments of error are insisted upon in the brief and argument of counsel for appellant, and we presume all other exceptions are waived. The first plea is in the following language: "Now comes the defendant, and for answer to the complaint in above-entitled cause says: (1) Each and every allegation in said complaint is untrue." Section 2675 of the Code provides that in actions of the character of the one at bar "the general issue is an averment that the allegations of the complaint are untrue." The plea under consideration is simply the plea of the general issue. The demurrer to this plea is "that the same is not verified." The decisions of this court which were supposed to sustain the action of the trial court in holding the demurrer to have been well taken have been overruled. Railroad Co. v. Trammell, 93 Ala. 352, 9 So. 870. The precise question has been adjudicated adversely to appellee. The other assignment of error is without merit. We refer counsel in this cause to the case of Town of Brewton v. Spira (Ala.) 17 So. 606, which disposes of some of the questions raised by the pleadings. Reversed and remanded.