Chappell v. Boykin

■ On Rehearing.

HARWOOD, Presiding Judge.

In brief in support of the application for rehearing, counsel for appellant insists that we ignored the doctrine enunciated in Bruce v. Collier, 221 Ala. 22, 127 So. 553. This doctrine, they assert, would necessitate a conclusion that the lower court erred in sustaining the demurrers to the special plea filed in the proceedings below. In our opinion the' doctrine of Bruce v. Collier, supra, is not applicable to the present case.

In the later case of Parker v. Fies & Sons, 243 Ala. 348, 10 So.2d 13, 14, Justice Bouldin, who had also written the opinion in…