Richardson v. Stinson

On Rehearing.

ANDERSON, C. J.

It is urged that the court did not consider or treat the seventh assignment of error, and which is as follows: “The court erred in failing to render a judgment in favor of defendant Farmers’ & Merchants’ Bank.” The judgment -entry shows that the complaint was amended by striking out the bank as party defendant, and this left only the appellant as party defendant, and the judgment rendered was against him alone and' not the bank, and was in effect a judgment in favar of 'the bank. Handly Reeves & Co. v. Lawley & Co., 90 Ala. 527, 8 South. 101. True, the trial court…