Vernon v. Prine

MERRILL, Justice.

Appeal from a judgment for plaintiff on a note and from a judgment denying a motion for a new trial. The case was tried by the court without a jury.

Appellant’s first assignment of error is that the court erred in overruling his demurrer to the complaint. Assuming, without deciding, that the court erred, the trial was had on an amended complaint. Any ruling adverse to the defendant on the original count is immaterial. Drummond v. Drummond, 212 Ala. 242, 102 So. 112. No ruling on the demurrer to the amended count is assigned as error, and therefore, the sufficiency of the count…