Humphrey v. Whitten

Citations

• 17 Ala. 30

Syllabus

<p>1. Humphreys and Humphrey are not the same names either in. spelling or sound, and it is good matter in abatement that the defendant is declared against by the former when his true sur-name is the latter.</p> <p>2. A plea in abatement, which sots up new matter, should conclude with a verification, and whore it fails to do so, is fatally defective.</p> <p>3. In this State, defects in pleas in abatement are reached as at common law by general demurrer. The statute abolishing special demurrers'has no application to such pleas.</p>