Skelton v. Weaver

On Rehearing

Appellants earnestly argue that we erred in our original opinion because of failure to consider that the law was changed by the enactment in 1915 of what is now § 248, Title 7, Code 1940. Appellants state that, our holding “may have been the law prior to 1915,” but, “since the adoption of § 248: of Title 7” the record must affirmatively show that the defendant does waive or abandon his demurrer before he can be in default, and that the failure of the record’ so to show such waiver or abandonment of the demurrer constitutes reversible error.

McCord v. Harrison & Stringer, 207 Ala.…