Valenzuela v. Sellers

On Rehearing

The former appeal reported as Sellers v. Valenzuela, 249 Ala. 627, 32 So.2d 517, was from a decree of the circuit court, sitting in equity, sustaining the respondent's demurrer to the bill as amended as of November 21, 1946. The demurrer embodied the ground "for want of equity" and specific grounds. The ruling was reversed, the court holding that the bill as so amended was not subject to the specific grounds assigned and that the demurrer for want of equity, in the light of the rule that amendable defects will pro hac vice be considered as amended, was not well taken.

The decree…