Henry v. Carleton
Decision Date | 14 January 1897 |
Citation | 21 So. 225,113 Ala. 636 |
Parties | HENRY ET AL. v. CARLETON. |
Court | Alabama Supreme Court |
Appeal from city court of Gadsden; John H. Disque, Judge.
Action by S. J. Carleton against James F. Henry and another to recover for trespass on plaintiff's land and person. Demurrers to the complaint were overruled, and from a judgment for plaintiff, defendants appeal. Reversed.
The complaint was as follows:
To this complaint the defendants demurred as follows: To the fifth and sixth counts of the complaint the defendants...
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Stowers Furniture Co. v. Brake
...they are sufficiently shown to be parts of the same transaction, and the demurrer in this respect was properly overruled. Henry v. Carleton, 113 Ala. 636, 21 So. 225; Birmingham, etc., Co. v. Lintner, 141 Ala. 420, So. 363, 109 Am. St. Rep. 40; Southern Suspender Co. v. Van Borries, 91 Ala.......
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Sloss-Sheffield Steel & Iron Co. v. Smith
... ... trespass was the result of an independent tort, they could ... not be joined in the same count. Henry v. Carlton, ... 113 Ala. 639, 21 So. 225; Cofer's Case, 110 Ala. 493, 18 ... So. 110. Alternative averments of matters of substance are ... ...
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Hardeman v. Williams
... ... house the following personal property: One iron ... bedstead," etc. On the authority of Henry v ... Carlton, 113 Ala. 636, 21 So. 225, it is argued that ... there is a joinder in this count of trespass to realty with ... trespass to ... ...
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Tennessee Coal, Iron & R. Co. v. Kimball
... ... opened the door and left it open. These counts are unlike the ... one condemned in the case of Henry v. Carlton, 113 ... Ala. 639, 21 So. 225 ... The ... evidence of John Island as to the condition in which he found ... the door and ... ...