Ellis v. Black Diamond Coal Mining Company

MERRILL, Justice.

This is an appeal by appellant, plaintiff below, from a judgment of voluntary non-suit taken because the court overruled plaintiff’s demurrer to defendant’s plea seven, and is the third appeal in this case.

On the first appeal, Black Diamond Coal Mining Co. v. Ellis, 256 Ala. 72, 53 So.2d 593, the cause was reversed and remanded on the authority of Woodward Iron Co. v. Craig, 256 Ala. 37, 53 So.2d 586.

The second appeal was taken when the plaintiff suffered a non-suit after the court below had sustained demurrers to each count of the complaint as amended. We reversed and…