112 Ala. 337 | Ala. | 1895
There are two counts in the complaint on a contract, -the same in substance and effect, except that the second is a little fuller in its statements than the preceding one. The case was tried on the general issue to these two counts, the 3d and 4th.
8. The remaining charges asked by the defendant and refused, though variant in form, fall within the same category of inviting consideration of questions outside the issues; and as asked, their only effect, if given, would have been to confuse and mislead the jury. Besides, the court, all too favorably to defendant, had, in substance, given several of the charges requested, and for that reason might well have declined to repeat them.
We recall without repeating what was said in the first five paragraphs of the opinion in this case, when it was here on the former appeal (104 Ala. 274), as applicable to the case now, and as an answer to many of the charges asked for defendant and refused.
We are indisposed to pursue an investigation into and consideration of the many questions so industriously and lengthly argued by counsel. Stript of all outside issues, the case seems to be simple, and of easy adjudication.
For the errors pointed out, the judgment of the lower court is rever sed. and the cause remanded.
Reversed and remanded.