Harvey v. Phillips

LIVINGSTON, Justice.

This cause has been before this Court on two former occasions. See, Phillips v. Harvey, 239 Ala. 605, 196. So. 498, and Phillips v. Harvey, 243 Ala. 504, 10 So.2d 857.

On the first appeal (239 Ala., 196 So., supra), it was held that the bill of complaint, the salient averments of which are set out in the opinion of the Court, was sufficient to state a cause of action as against the demurrers interposed to it. On the second appeal (243 Ala., 10 So.2d, supra) it was held that respondent’s cross-bill, seeking affirmative relief, was insufficient. After the second remandment,…