Drake v. Nunn

On Rehearing.

SOMERVILLE, X

Appellee presents two arguments in justification of the action of the trial judge in giving the general affirmative charge, for which the judgment has been reversed.

1: It is contended that since plaintiff replied specially to defendant’s special pleas •8 and 9, and the record exhibits no formal written plea of the general issue to plea 3, 4, 5, 6, and 7, those pleas must be taken as confessed, citing Miller v. Johnson, 189 Ala. 354, 66 South. 486; Williams v. Holder, 202 Ala. 652, 81 South. 608; Ray v. Fidelity-Phœnix F. Ins. Co., 187 Ala. 91, 65 South. 536.

This is…