HENDRIX v. MILLER

1 Div. 610.

252 So.2d 640 (1971)

Herbert E. HENDRIX v. Wesley Levert MILLER.

Supreme Court of Alabama.

Rehearing Denied October 7, 1971.


Attorney(s) appearing for the Case

Foreman, Brown & Hudgens, and Peter V. Sintz, Mobile, for appellant.

Joseph M. Matranga, Mobile, for appellee.


SIMPSON, Justice.

Appellee obtained judgment against appellant for personal injuries and other damages arising from a collision of appellant's automobile with the person of appellee. This judgment is the subject of this appeal. The complaint contained only one count charging negligence.

Prior to the trial of the suit for damages, appellant's liability insurance carrier filed a declaratory petition in the Circuit Court of Mobile County, in Equity, wherein by...

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