37 Ala. 242 | Ala. | 1861
Both counts of the complain. Were in trespass, as was decided by .this court in the kindred case of Reason Williams v. Ivey, at the present term. The court erred, therefore, in- sustaining the demurrer for' mis-joinder of counts.
The question raised by the refusal of the charge asked, ■may not again arise, and we do not deem it necessary to pass upon it.
Reversed and remanded.