Burchell v. Grisham

SPANN, Justice.

This is an appeal from a decree overruling respondent’s demurrer to a bill in equity for a declaratory judgment.

The bill alleges, in substance, that appellee-complainant filed in the Limestone County Court, at Law, a suit for damages against appellant-respondent. The complaint was in two counts, one charging simple negligence and the other for willful and wanton injury.

A jury trial was had which resulted in a general verdict for the plaintiff and judgment was rendered thereon. Thereafter, respondent filed a petition in Bankruptcy. The Referee in Bankruptcy rendered a decree…