Estill v. Shelley

2 Port. 185 | Ala. | 1835

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 the 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.

a Aik. Dig.266.