All American Life and Casualty Co. v. Dillard

ON THE MERITS

We will first consider Assignments of Error 1, 2 and 6.

Assignments 1 and 6 refer to the same written charge 2, which directs the jury, with hypothesis, to return a verdict for the defendant.

This charge was not lawfully marked “refused” and signed by the trial judge. See CERTIORARI, supra. Assignments of Error which do not refer to any ruling of the trial judge will not be considered on appeal. United Insurance Company of America v. Pounders, supra; Cash v. Usrey, 278 Ala. 313, 178 So.2d 91(9); Ala.Dig., Vol. 2A, Appeal & Error, <®=°724 (1).

*681Assignment of Error 2 asserts that the…