SMITH v. HOUSTON COUNTY HOSPITAL BOARD

4 Div. 412.

255 So.2d 328 (1971)

James Edward SMITH v. HOUSTON COUNTY HOSPITAL BOARD.

Supreme Court of Alabama.

December 2, 1971.


Attorney(s) appearing for the Case

Ramsey & Johnson, Dothan, for appellant.

Alto V. Lee, III, William L. Lee, III, William G. McKnight, Dothan, for appellee.


McCALL, Justice.

The plaintiff appeals from a judgment of voluntary nonsuit suffered by him because of an adverse ruling of the trial court in sustaining the defendant's demurrer to the amended complaint which consists of counts three through eight inclusive.

The question is what form of action is stated in these several counts; that is, do they allege an action ex contractu or ex delicto? The plaintiff argues that...

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