Watson v. City of Dothan

On Rehearing

CATES, Judge.

Counsel for appellant submits that our foregoing opinion goes against the judgment and opinion of the Supreme Court in Burns v. Willis, 265 Ala. 497, 92 So.2d 38. Moreover, he calls attention to the City’s, brief wherein the following appears:

“ * * * Under the decision in the case of C. W. Burns v. Macon Willis, 265 Ala. 497, 92 So.2d 38, hn. 1, it would appear that appellant has cured said defect.”

Yet nowhere do we find the City formally withdrawing its motion to affirm because appellant failed to have the assignment of errors on transcript paper bound with (but…