Lackey v. Thomas

SAMFORD, Judge.

This is the second appeal in this case. On the first trial judgment was rendered for the defendant, and on appeal this court held that, notwithstanding error on the part of the trial court in ruling on the demurrer to plea 3, the judgment should be.affirmed on the presumptions in favor of the findings of the lower court on the facts. On certiorari, the Supreme Court held that this court was in error, and on the authority of the case on certiorari, the judgment was reversed and the cause was remanded. Lackey v. Thomas, 26 Ala.App. 65, 153 So. 287; Ex parte Lackey, 228 Ala. 106,…