69 So. 425 | Ala. | 1915
Appellant sued appellee in case to recover damages for the loss of a horse, buggy, and harness. Appellee was a livery stable keeper, and plaintiff’s horse, buggy, and harness were kpet by defendant for hire, and while being so kept they were destroyed by a fire which burned defendant’s stable. The amended complaint contained five counts. Demurrer was sustained to counts 1, 4, and 5, and trial was had on counts '2 and 3.
It is insisted that there was error in sustaining demurrer to each of the counts 1, 4, and 5. If so, it affirmatively appears that it was without possible injury, as counts 2 and 3 each stated the same cause of action and alleged the same material facts that were alleged in each
It Avould serve no good purpose to further review the rulings and decisions of the Court of Appeals. We find no reversible error, and no question of law decided erroneously or contrary to the decision of this court] and Ave cannot, on this application, review the action of the Court of Appeals as to its findings of facts. We have Avritten as to rulings on demurrer, because appellant insists that the Court of Appeals declined to discuss the rulings. While we cannot concur in all that is said in the opinion, nor in all the reasons assigned for the rulings, we feel sure that the judgment appealed from Avas correctly affirmed.
Certiorari denied.