Industrial Sav. Bank v. Mitchell

The case went to the jury upon counts 1 and 2 of the complaint. To each of these counts appellant interposed numerous grounds of demurrer, but the only objection urged in brief is that one count contains two causes of action. The gravamen of each is a personal wrong, of the nature invol red in Engle v. Simmons, 148 Ala. 92, 41 So. 1023, 7 L. R. A. (N. S.) 96, 121 Am. St. Rep. 59, 12 Ann. Cas. 740. The additional averments, by way of inducement, of facts giving color and tone and furnishing the background of the basic facts relied upon for a recovery, do not cause a separate cause of action.

App…