Spurlock v. J. T. Knight & Son, Inc.

LIVINGSTON, Justice.

On a former appeal in this cause, we held that the defendant was not due the general charge on the issues raised by its pleas in abatement to the complaint, and reversed and remanded the case in order that the jury might pass on the questions of fact thus presented. Spurlock v. J. T. Knight & Son, 244 Ala. 364, 13 So.2d 396.

After the remand, the trial, from which this appeal was taken, resulted in a verdict for the defendant on its pleas in abatement.

The cause was submitted here on the merits, and on appellee’s (defendant in the court below) motion to strike from the…