Herrington v. City of Eufaula

CARR, Presiding Judge.

The plaintiff below brought suit against the City of Eufaula on common counts for money had and received.

The defendant interposed pleas in abatement. Demurrers were interposed separately and severally to these pleas. These demurrers were overruled by the court. After the introduction of the evidence in support of the pleas, the court rendered judgment in favor of the defendant on the pleas in abatement.

The only question presented on this appeal is a review of the action of the trial judge in overruling the indicated demurrers.

The review is predicated on this assignment…