First Nat. Bank v. Williams

On Rehearing.

It is urgently insisted that the error of the trial court in overruling demurrer to count A should work a reversal of this case. In Birmingham So. Ry. Co. v. Goodwyn, 202 Ala. 599, 81 South. 339, 340, in an opinion in which the writer then concurred, this court held to the same view as now contended'for by appellant, but on certiorari to the Supreme Court the writ was granted on the ground that the ruling on the demurrer was error without injury, and governed by rule 45. Birmingham So. Ry. v. Goodwyn, 202 Ala. 599, 81 South. 341. Since that time many decisions both of the Supreme…