2 Ala. 524 | Ala. | 1841
— The Circuit Judge, in his charge to the jury, seems to have supposed, that in order to distinguish a disease as “ chronic f it is necessary that it should have been of long standing. As applied to diseases of the body, chronic and acute are the antithesis of each other. An acute disease is one usually attended with violent symptoms, promising speedily to attain a crisis; while a chronic disease is deep-rooted and obstinate, threatening a long continuance. Now it
The objection, that the writ bears test of a day before the cause of action accrued, was properly available on plea in abatement; but it could not arise on the pleas in the record. These pleas are in bar, and admit that the action was regularly brought, merely controverting the plaintiff’s right to recover upon the merits of the cause disclosed in his declaration.
The Circuit Court erred in both the points presented by the bill of exceptions. Its judgment is consequently reversed, and the cause remanded.