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BATTLE v. MORRIS

5 Div. 639.

93 So.2d 428 (1957)

Enoch BATTLE v. Radford MORRIS.

Supreme Court of Alabama.

Rehearing Denied March 7, 1957.

Attorney(s) appearing for the Case

Rushton, Stakely & Johnston, Montgomery, and Lange, Simpson, Robinson & Somerville, Birmingham, for appellant.

Walker & Walker, Opelika, and W. C. Hare, Tuskegee, for appellee.

STAKELY, Justice.

Radford Morris (appellee) filed a bill in the Circuit Court of Macon County, in Equity, to set aside a consent judgment for $3,000, which had been rendered in his favor against Enoch Battle (appellant) on the law side of the Circuit Court of Macon County.

The bill alleges in substance that Radford Morris suffered injury and damages as a proximate consequence of the negligence of Enoch Battle and one Lewis Thomas, who was not made a party...

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