Ex Parte Webb

THOMAS, J. Writ denied.

ANDERSON, C. J., and McCLELLAN and SOMERVILLE, JJ., concur.

On Rehearing.

The third count dealt with in the opinion of the Court of Appeals does not charge that the defendant, through its servants, agents, or employés, committed the trespass complained of, but merely that persons who were its servants, agents, or employés committed the same. There was no sufficient demurrer challenging the count in the respect indicated. The Court of Appeals did not hold that the count as framed would not have supported a judgment responding thereto in case; merely that the count was not…