Judges: PER CURIAM. —
Attorneys: Shipp, Evans Kline, for Plaintiff in Error;
No appearance for Defendant in Error.
Filed: Oct. 18, 1930
Latest Update: Mar. 02, 2020
Summary: The plaintiff in error, hereinafter referred to as the plaintiff instituted an action at law against the defendant in error, hereinafter referred to as the defendant. The plaintiff abandoned in the lower court the first, second, third and tenth counts of his second amended declaration, and a demurrer was sustained by the court to the fourth, fifth, sixth, seventh, eighth and ninth counts thereof. The fourth and fifth counts are based upon an instrument in writing in words and figures as follows:
Summary: The plaintiff in error, hereinafter referred to as the plaintiff instituted an action at law against the defendant in error, hereinafter referred to as the defendant. The plaintiff abandoned in the lower court the first, second, third and tenth counts of his second amended declaration, and a demurrer was sustained by the court to the fourth, fifth, sixth, seventh, eighth and ninth counts thereof. The fourth and fifth counts are based upon an instrument in writing in words and figures as follows: ..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the court below should be, and the same is hereby, affirmed.
TERRELL, C. J., and ELLIS and STRUM, J. J., concur.
WHITFIELD and BROWN and BUFORD, J. J., concur in the conclusion.
