Cobb-Kirkland Motor Company v. Rivers

WRIGHT, Judge.

Suit was brought by plaintiff, Lee Vonnie Rivers, appellee here, in the Circuit Court of Montgomery County, Alabama, against defendant, Cobb-Kirkland Motor Company, Inc., a corporation, appellant here. The amended complaint contained four counts. Appellant filed a written plea in short by consent. Judgment entry recites that on the day of trial, defendant refiled demurrer to the amended complaint; that the demurrer was argued by counsel and was overruled by the court.

During the trial, plaintiff withdrew Count IV of the complaint and the case went to the jury on amended Counts I,…