Stapleton v. Stapleton

ON REHEARING

COLEMAN, Justice.

In support of application for rehearing, appellee argues that we erred on original deliverance in holding that Assignment 3 alleged error sufficiently so as to authorize review.

■'Appellee. says Assignment 3 is almost identical with Assignments 2 and 3 which were held insufficient in Thomas v. Brook, 274 Ala. 462, 149 So.2d 809. In Assignments 2 and 3, in Brook, appellant did not allege that the trial court erred. In Assignment 3 in the instant case appellant does allege that “The trial court erred . . . .” In at least this respect, the instant Assignment 3 is…