Supreme Court of Alabama
Central of Georgia Railway Co. v. William L. Hinson, Pro Ami.
February 24, 1955262 Ala. 223
Summary
The court denied the appellee's motion to dismiss the appeal and treated the appeal as one on the record because the reporter failed to certify the transcript. It affirmed the judgment because the assignments of error inadequately challenged the rulings on the demurrers and, in any event, the demurrers were properly sustained or could not support reversal. The court also held that the contributory-negligence pleas failed to comply with the applicable pleading rule and did not answer the wantonness counts.
Holding
- Whether the appeal should be dismissed because of defects in the transcript, filing, certificate, or reporter's certification.. The appeal was not subject to dismissal. Because the reporter had not certified the proceedings, the appeal was treated as one on the record, and the clerk's failure to transmit the certificate within the specified period did not require dismissal where the transcript contained the certificate when filed.
- Whether the assignment challenging the ruling on demurrers to all eight counts preserved a challenge to the demurrer ruling on counts four and eight.. The assignment could not support reversal because it challenged the demurrer ruling on all counts jointly rather than assigning error separately as to each count.
- Whether the asserted grounds of demurrer sufficiently challenged the willful-or-wanton-injury allegations in count four.. The asserted demurrer grounds were too general to demonstrate error in overruling the demurrer to count four.
- Whether the assignment challenging the rulings on demurrers to the defendant's answer warranted reversal.. The assignment could not support reversal. A demurrer is a single pleading entity, the joint assignment was defective, the contributory-negligence pleas did not comply with the applicable pleading rule and did not answer the wantonness counts, and the pleas based on the city ordinance were properly subject to demurrer because the matters alleged were covered by the general issue.
Docket 4 Div. 813
Cited by
- Insurance Company of North America v. Leon Davis. Insurance Company of North America v. Bobby Barlow, Pro Ami.
- Kermit W. Hudson v. Ivy J. King.
- Martha Foshee v. Melvin Mims
- Charles Lowe v. N. C. Morgan Construction Co., Inc., a Corp.
- Julian T. Turner v. Fred E. Blanton.
- W. S. Fowler Rental Equipment Company, Inc. v. Wiley E. Skipper.
- Lee J. Ledbetter v. Frosty Morn Meats
- Central of Georgia Railway Co. v. Ralph McDaniel.