Collins v. Mobile O. R. Co.

On Rehearing.

THOMAS, J.

Interrogatories filed by plaintiff were under the statute that provided for á discovery at law. The same, with such answers that were made, were parts of the record proper.

The case of a judgment or ruling on the answer of garnishee, made the subject of the earlier decisions of this court, is different from the instant case. In Jones v. Manier, 102 Ala. 676, 15 South. 437, the consideration of this court was declined for the failure to make the same a part of the bill of exceptions; and in Bostwick & Kirkland v. Beach, 18 Ala. 80, the declination was to render judgment…