American Life Ins. Co. of Alabama v. Carlton

BROWN, Justice.

This is the third appeal by the defendant. See American Life Ins. Co. of Alabama v. Carlton, 236 Ala. 609, 184 So. 171; second appeal, Id., 240 Ala. 173, 198 So. 1; where the nature of the controversy and some of the pertinent facts and incidents thereto are stated.

On the last trial brought under review by this appeal the complaint was amended by adding “Count A-x” and withdrawing all other counts. The case went to trial and to the jury on said count resulting in a verdict and judgment for the plaintiff, hence this appeal.

Said count is in assumpsit for the breach of an alleged…