Yates v. Barnett

The case was tried upon counts 1 and 5. There was a jury and verdict for the plaintiff. The record proper— “judgment entry” — fails to show a specific ruling on demurrer, and we do not consider the assignment of errors predicated on ruling on demurrer to the complaint. Berger v. Dempster, 204 Ala. 305, 85 So. 392; Seaboard Air Line Ry. Co. v. Pemberton, 202 Ala. 55, 79 So. 393; Ala. Chemical Co. v. Niles, 156 Ala. 298, 47 So. 239.

To present for review the denial of the motion for a new trial, that ruling and exception thereto must be duly incorporated in the bill of exceptions. Stokes v.…