Ex parte Colonial Refrigerated Transportation, Inc.

MADDOX, Justice (dissenting).

Like the Court of Civil Appeals, I am unable to see the distinction between requiring the State to give a Bill of Particulars (Ex parte State ex rel. Garrett, 260 Ala. 18, 68 So. 2d 541) .and yet refusing to allow the State to be interrogated on interrogatories, (State ex rel. Smith v. McCord, 203 Ala. 347, 83 So. 71) or to interrogate (Ex parte Loveman, Joseph & Loeb, 241 Ala. 379, 2 So.2d 446).

Both McCord and Garrett were cases of statutory construction to determine legislative intent. McCord said the word “party” in § 4049 of the Code of 1907, (now Title 7, §…