Bain v. Culbert

The appellee was accorded judgment against the appellant for damages for the loss of one hale of cotton belonging to appellee. The ease was submitted to the jury upon the issues tendered by general traverse of the averments of counts 3 and 4 of the complaint only. Count 5 was excluded from the jury’s consideration by general affirmative instruction given at appellant’s instance. Counts 3 and 4 are reproduced in the report of the appeal. The court overruled appellant’s demurrer to those ■counts.

The only ground of demurrer, which appellant insists, in brief on this appeal, was well taken to…