Bank of Moulton v. Rankin

The judgment entry recites, in substance, that all defendants, other than M. R. Rankin, and all counts of the complaint other than counts 6 and 7, were stricken out, on motion of the plaintiff. This action on the part of the plaintiff cured whatever error there was — and we think there was manifest error in sustaining the demurrers to those of the “stricken” counts, known as the “common counts”- — in the action of the court in sustaining the demurrers to the counts of the complaint other than counts 6 and 7, above. Security Bank & Trust Co., etc., v. Laney, 214 Ala. 561, 108 So. 367. The suit…