59 So. 567 | Ala. | 1912
The appellees, by their petition, sought the enforcement of their contract; and, whether it was or was not binding upon these appellants, they •could not enforce same, except by an original or supplemental bill. — 3 Mayfield’s Digest, pp. 316, 317. The trial court erred in not sustaining the respondents’ demurrer to the petition.
It may be conceded that the apellants were entitled to a reasonable fee, to be taxed as cost against the respondents, if legally employed to represent them under the terms of section 3010 of the Code of 1907; but the petition did not proceed upon this theory and the trial
The decree of the county court is reversed, and the cause is remanded.
Reversed and remanded.