Thomas v. State, 8 Div. 83.
| Decision Date | 05 June 1941 |
| Docket Number | 8 Div. 83. |
| Citation | 241 Ala. 381,2 So.2d 772 |
| Parties | THOMAS v. STATE. |
| Court | Alabama Supreme Court |
Russell W. Lynne, of Decatur, for appellant.
Thos. S. Lawson, Atty. Gen., for appellee.
The appeal challenges the sustaining of the state's demurrer to the special plea to the jurisdiction of the Lawrence County Circuit Court. The plea was: "Comes the respondent, Sam Thomas in his own proper person, for the sole purpose of pleading to the jurisdiction of this Court, and for plea says this action should be quashed and abated because: The said supposed cause of action, if such have accrued to the said complainant, accrued to the said complainant in Morgan County, Alabama, where the property sought to be condemned was seized, and not in Lawrence County, Alabama, or elsewhere within the jurisdiction of this Court; and the respondent makes oath that this plea is true."
The appropriate method of testing the plea in equity was to set the same down for a hearing as to its sufficiency. Code 1923 § 6547, Code 1940, Tit. 7, Appendix, Eq.Rule 16; Swope v Swope, 178 Ala. 172, 59 So. 661.
The several grounds of demurrer directed to the above plea were sustained, and in this action of the circuit court there was error.
The statute, Code of 1923, § 4778, requires:
And this court has held the statute highly penal and that it must be strictly construed. See Code of 1940, Tit. 29, § 247, for authorities.
It results from the foregoing that the trial court erred in sustaining the complainant's demurrer to appellant's plea in abatement and in ordering, adjudging and decreeing that the demurrer of the state to defendant's plea in abatement be sustained.
When the statutes providing for an appeal, Code of 1923, § 6078 et seq., Code 1940, Tit....
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Ex parte Morton
...on appeal from the final decree. Rowe v. Bonneau-Jeter Hardware Co., 245 Ala. 326(17), 16 So.2d 689, 158 A.L.R. 1266; Thomas v. State, 241 Ala. 381, 2 So.2d 772; Ex parte Teague, 241 Ala. 53, 200 So. 892,--as in divorce cases.--Ex parte Davis, 249 Ala. 221(1), 30 So.2d 648; Ex parte Weissin......
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State v. Kandola (Ex parte Kandola)
...Weissinger, 247 Ala. 113, 22 So.2d 510 [ (1945) ]. The writ was also employed to review an interlocutory ruling in Thomas v. State, 241 Ala. 381, 2 So.2d 772 [ (1941) ], a condemnation proceeding involving an automobile allegedly used for the illegal transportation of liquor. As to such use......
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Armstrong v. State ex rel. Embry
...and should be strictly construed. Such was the language of this Court in Carey v. State, 206 Ala. 351, 89 So. 609, and Thomas v. State, 241 Ala. 381, 2 So.2d 772. these opinions had reference to the substantive law; that is, that its enforcement is not to be extended beyond the letter. Ther......
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Ex parte State ex rel. Attorney General
...So.2d 648; Ex parte Weissinger, 247 Ala. 113, 22 So.2d 510. The writ was also employed to review an interlocutory ruling in Thomas v. State, 241 Ala. 381, 2 So.2d 772, a condemnation proceeding involving an automobile allegedly used for the illegal transportation of liquor. As to such use o......