Bentley v. Smith

BROWN, Justice.

The plaintiff, appellee here, sued the defendants, appellants, joining in the complaint counts ex contractu and counts ex delicto, without averring that said counts related to the 'same subject matter, or that the cause of action arose out of the same transaction. The defendants’ demurrer pointed out this supposed defect relying on Cox v. Awtry, 211 Ala. 356, 100 So. 337, as supporting the demurrer. The holding in that case on this point was overruled by First Nat. Bank of Gadsden v. Morgan, 213 Ala. 125, 104 So. 403. The demurrer was properly overruled.

The appellants insist…