Adderton v. Aetna Casualty & Surety Co.

The opinion of the Court was delivered by

Mr. A. D. Gaston, Acting Associate Justice.

This case has been through various vicissitudes. The situation is shown in the order of this Court for a rehearing. The order is as follows, to wit:

“A curious situation has developed in this case. On the first hearing of the appeal Mr. Chief Justice Stabler wrote an opinion to the effect that the order of the trial Judge sustaining the demurrer to the first complaint, from which order there was no appeal, barred recovery on the amended complaint, and that the trial Judge erred in denying the motion to dismiss…