Clark v. O'Neal

On Rehearing.

THOMAS, Justice.

This case was before this court and reported as O’Neal et al. v. Clark, 229 Ala. 127, 155 So. 562. The question now presented on this rehearing was not then urged or considered by Mr. Justice BOULDIN, writing for the court.

In the original brief filed by appellees on this appeal, the fact that the notice was given (if given at all) on the day before the actual maturity of the paper was not called to the attention of the court by counsel for appellees; hence this court did not consider the question of the insufficiency of the notice on account of being given…