Lawler v. Southern Ry. Co.

The complaint being amended by adding counts 2, 3, and 4, a -demurrer being sustained to said counts, plaintiff withdrew count 1, declined to amend counts 2, 3, and 4, and took a nonsuit on account of the adverse ruling of the court in sustaining demurrer to said counts. It was the judgment of the court that plaintiff was nonsuited, and defendant was' permitted to go hence and have and recover of plaintiff the costs in that behalf expended. Paterson & Edey Lbr. Co. v. Bank of Mobile, 203 Ala. 536, 84 South. 721, 10 A. L. R. 1037.

The fourth count was, by the adoption of count 3 and addition…