Phillips v. Morrow

The first appeal is reported as Phillips v. Morrow, 210 Ala. 34, 97 So. 130. In that trial the general affirmative charge was not requested for the defendants. In the last trial such affirmative instruction was requested in writing as to each count oí the complaint, and was refused.

There was verdict and judgment for plaintiff, a motion for a new trial was overruled, and due exception reserved.

It should he stated at the outset that the effect of the first decision was that the warrant under wbibh plaintiff was arrested and detained was void, and that the surety on defendant official’s bond was…