Reports of Cases Argued and Determined in the Supreme Court of Alabama, During the December Term, 1882, Vol. 72 (Classic Reprint)

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Excerpt from Reports of Cases Argued and Determined in the Supreme Court of Alabama, During the December Term, 1882, Vol. 72Whether the demurrer ought to have been sustained, on the causes specifically assigned, is the only question which can now be considered, though it may be apparent the bill is in other respects subject to demurrer. - P. M Mat. Ins. 00. Q). Sel ma Savings Bank, 63 Ala. 585. The husband of the appellant, it may be, as is now argued, ought to have joined with her in the suit, or it may be, the other heirs at law and next of kin are necessary parties, or the errors averred to have occurred in the settlement, may not be stated with the requisite certainty, these are not now questions for consideration. If in these re spects, or either of them, the bill is defective, by amendment, which is matter of right, the defects could have been cured in the Court of Chancery, if attention had been drawn to them. Attention not having been directed to them, it would be unjust to the appellant now to consider them, and affirm a decree ren dered upon other causes of demurrer, which, incur judgment, are not well taken. Such is the rule, at least, when the bill is not fatally wanting in equity.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.