Stroup v. Alabama Power Co.

The submission was on the motion to strike the bill of exceptions and on the merits.

The trial was had on March 3, 1926, and the bill of exceptions presented to the trial judge on June 3 thereafter. The motion to strike is granted. Sections 6433, 6434, Code; Arnold & Co. v. Jordan, 215 Ala. 693, 112 So. 305.

The trial was had upon count 3. Counts 1 and 2 set up the same matters and claimed the same damages embraced in count 3. Appellant’s counsel state that counts 4 and 5 are the same as count 3, with the exceptions indicated. In count 4 it is alleged that the defendant had determined to cut…