Browne v. Giger

This case was tried by the court without the intervention of a jury and no exception was reserved to the conclusion and judgment of the court. For this reason the appellee, relying on Johnstone et al. v. O’Rear et al., 220 Ala. 219, 124 So. 743, insists that the judgment should be affirmed.

The writer of the opinion in the cited case overlooked section 9502 of the Code, which contains the provision omitted from section 9498, in bringing that section forward into, the Code of 1923. The result is that the proposition stated in headnote 1 of the cited case is unsound, and Johnstone et al. v.…