Supreme Court of Alabama January 15, 1872 (Paulling v. Marshall)

PECK, C. J.

The appellees, in the court below, demurred to appellant’s complaint, -which being sustained, appellant excepted to the decision of the court, and thereupon took a non-suit, and appeals to this court, under section 2759, Revised Code, to have the decision of the court below revised and the non-suit set aside.