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McCRAE v. ALEXANDER CITY

5 Div. 857.

233 So.2d 229 (1970)

Fred McCRAE v. ALEXANDER CITY, a Municipal Corp., et al.

Supreme Court of Alabama.

March 19, 1970.

Attorney(s) appearing for the Case

H. Gerald Reynolds, Alexander City, for appellant.

Rushton, Stakely, Johnston & Garrett, Jesse M. Williams, III, Montgomery, William I. Byrd, Tom Radney, Alexander City, for appellee.

LIVINGSTON, Chief Justice.

Plaintiff, in the Circuit Court of Tallapoosa County, here appeals from a judgment of voluntary nonsuit, with bill of exceptions, on account of an adverse ruling of the trial court on pleadings. Smith v. Louisville & N. R. Co., 208 Ala. 440, 94 So. 489; Title 7, Sec. 819, Code 1940, Recompiled in 1958.

Appellant contends by assignment of error that the trial court erred in sustaining defendant's demurrer to his complaint as last...

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