ELROD v. TRUSSELL

7 Div. 356.

96 So.2d 813 (1957)

J. J. ELROD and C. L. Colvin v. A. G. TRUSSELL, as Administrator, etc.

Supreme Court of Alabama.

August 22, 1957.


Attorney(s) appearing for the Case

Roy D. McCord and L. D. Martin, Gadsden, for appellants.

Robt. H. King, Gadsden, for appellee.


SIMPSON, Justice.

This is an action on a promissory note by A. R. Trussell who died subsequently to the filing of the suit. The suit was revived in the name of his son A. G. Trussell, the appellee. Judgment was for the plaintiff and defendants have appealed.

The note was signed by J. J. Elrod and C. L. Colvin, the appellants. The court submitted Counts One, Three A and Four to the jury. Count One was substantially in code form and under a videlicet alleged...

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