Supreme Court of Alabama, 1835

Estill v. Shelley

Estill v. Shelley
Supreme Court of Alabama · Decided January 15, 1835 · Hitchcock
2 Port. 185

Estill v. Shelley

Opinion of the Court

By Mr. Justice Hitchcock :

This is an action of trespass, vi et armis, for taking and carrying off a slave, the property of the plaintiff. The declaration is in the common form, but *186the blanks, as to the time of committing of the alleged trespass, are not filled up; for this, there is a general demurrer. This defect is cured by the sta^ tute of amendments, which considers all such defects as amended.a

The judgment, must, therefore, be reversed, and the cause remanded.

Aik. Dig.266.

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