Davis v. Hardwick

HARWOOD, Presiding Judge.

This proceeding was originally assigned to Judge Cates. The writer being unable to agree with the conclusions reached by Judge Cates has' prepared the following opinion, with which Judge Price concurs. The opinion of the writer therefore becomes the opinion of the court.

The pleading and facts forming the basis of the order or judgment of the lower court have been fully set forth in Judge Cates’ opinion, and we will not again repeat them.

As we interpret the doctrine of Smith v. Pelham, 252 Ala. 415, 41 So.2d 570, it simply held that the power of the trial court to…