Eagle Iron Co. v. Malone
Eagle Iron Co. v. Malone
149 Ala. 367; 42 So. 734; 1906 Ala. LEXIS 7
Cases that cite this one
4 later published cases cite this decision.
- W. S. Fowler Rental Equipment Company v. Skipper (Ala. 1963)
- Ex Parte Dunlap (Ala. 1923)
- Faulk & Co. v. Hobbie Grocery Co. (Ala. 1912)
- St.Louis & S. F. R. R. v. Sutton (Ala. 1910)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
After the complaint was amended by striking out the name of Stewart as a party defendant, the remaining defendant should have been allowed to file the plea in abatement proposed by it. — Eagle Iron Co. v. Baugh, 147 Ala. 613, 41 South. 663. There can, of course, be no trial of the cause on its merits until this plea, when filed, is disposed of. We will, therefore, not consider any other assignment of error.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.