Citizens Bank v. J. C. Hass & Co.

DOWDELL, J.—

(dissenting). In the present appeal the judgment appealed from is affirmed, on the opinion in this case on former appeal. —Haas & Co. v. Citizens’ Bank of Dyersburg, 144 Ala. 562, 39 South. 129, 1 L. R. A. (N. S.) 242, 113 Am. St. Rep. 61. I am constrained to dissent from this conclusion, as I did on the former appeal, and will undertake now to express my reasons for such dissent. The same question that was presented before on the pleadings is now presented by bill of exceptions reserved on the trial. The only plea was that of the general issue, and the case as last tried was on…