Terry v. Nelms

On Rehearing

SIMPSON, Justice.

This response is in deference to the earnestness of able counsel on rehearing, for on original consideration we took full account of the propositions now advanced to avert a reversal of the cause but were then and are now in disagreement with the argument.

On a very careful re-examination of the case we must hold:

1. McGough Bakeries case, supra, is not authoritative; nor is the principle of that case conflictory with the pronouncement quoted from Dudley v. Alabama Utilities Service Co., supra. But in 'applying the rule of error without injury, as was done in the…