Harris v. Southern Carbon Co.

On Rehearing.

TALIAFERRO, Judge.

Following the resubmission of this case after a rehearing was granted, we requested of the Supreme Court instructions on the intricate question of law propounded by plaintiff’s application for a modification of the judgment originally rendered by this court (162 So. 430), and the plea of res judicata filed and urged by defendant. Prefatory to the question of law on which instructions were desired, we incorporated in said application a resume of the history of the case and the record facts thereof, from which we quote the following:

“Plaintiff brought suit against…