Christian Benevolent Burial Ass'n v. Thornton

FOSTER, Justice.

This case was here on former appeal. 239 Ala. 245, 194 So. 821.

It was first tried on counts 1, 2 and 3. On that trial the court gave defendant the affirmative charge on counts 1 and 3, and left count 2 for the jury on which a verdict was rendered for plaintiff. Defendant appealed, and plaintiff did not cross-assign errors, so that the only questions involved on that appeal related to count 2. This Court held that the affirmative charge should have been given defendant on that count. But on that appeal the right to recover on ‘ counts 1 and 3 were not considered. On another…