Eagle Iron Co. v. Malone

• Decision Date: 19 December 1906
• Citation: Eagle Iron Co. v. Malone, 149 Ala. 367, 42 So. 734 (Ala. 1906)
• Parties: EAGLE IRON CO. v. MALONE.
• Court: Alabama Supreme Court

42 So. 734

149 Ala. 367

EAGLE IRON CO. v. MALONE.

Supreme Court of Alabama

December 19, 1906

Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge.

Action by James Malone against the Eagle Iron Company and another.From a judgment for plaintiff, defendant company appeals.Reversed and remanded.

The plaintiff(appellee here) sued the defendantappellant and one Stewart in the circuit court of Marshall county, and at the trial discontinued as to Stewart, whereupon the defendant the Eagle Iron Company offered to interpose a plea in abatement, setting out that they had no office, agent, or place of business in Marshall, and that the court was without jurisdiction to entertain the cause further.The court refused to allow the defendant the Eagle Iron Company to interpose this plea, stating that it came too late.The defendant Stewart was a resident citizen of Marshall county.

John A Lusk, for appellant.

Street & Isbell, for appellee.

TYSON C.J.

After the complaint was amended by striking out the name of Stewart as a partydefendant, the remaining defendant should have been allowed to file the plea in abatement proposed by it.Eagle Iron Co. v. Baugh(Ala.)41 So. 663.There can, of course, be no trial of the cause on its merits until this plea,...