Cooper v. Acuff

LIVINGSTON, Chief Justice.

This is the second appeal in this case. See Cooper v. Acuff, 279 Ala. 267, 184 So.2d 348 (1966).

After the case was reversed and remanded to the trial court by this Court, the appellants, on April 17, 1967, refiled their demurrers and answer. They also refiled, on July 17, 1967, their motion to quash. On April 17, 1967, appellees filed what they designated as “ANSWER,” denying each and every material allegation of the appellants’ answer and demanded strict proof thereof.

Evidence was taken orally before Circuit Judge David R. Archer, and the case was submitted to the…