WHEELER v. SIMMONS

1 Div. 408.

206 So.2d 854 (1968)

F. W. Bert WHEELER v. Ira B. SIMMONS, Jr.

Supreme Court of Alabama.

January 18, 1968.


Attorney(s) appearing for the Case

Caffey, Gallalee, Edington & Loveless and I. David Cherniak, Mobile, for appellant.

Inge, McMillan & Inge, Mobile, for appellee.


PER CURIAM.

Appellant filed suit in the Circuit Court of Mobile County to recover on a judgment, for a monied demand, that he obtained against appellee in the District Court of Harris County, Texas. The trial court in Mobile County gave affirmative instructions with hypothesis for defendant (appellee) at his request. The jury responded for the defendant.

There was a labyrinth of repetitious and obfuscatory pleading which unnecessarily tended to burden the...

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