52 So. 646 | Ala. | 1910
The plea of defendant’s non-residence was without merit. — Code 1907, § 6110; Hoge v. Herzberg, 141 Ala. 439, 37 South. 591. The demurrer was probably general; but if so the plea was incapable of amendment so as to make it good and the technical error involved in sustaining a general demurrer cannot avail for a reversal.—Ryall v. Allen, 143 Ala. 222, 38 South. 851.
Appellee’s complaint was that the defendant, a veterinary surgeon, had so negligently or unskillfully treated his horse for a spavin that the horse died as a result. The complaint was in tort. There seems little doubt
J. M. Worthy, testifying as a witness for the plaintiff, deposed that he had often seen horses hobbled and thrown in a way to prevent injury, that his observation covered 12 or 13 years in Texas and Alabama, and that
For this error the judgment must be reversed.
Reversed and remanded.