Supreme Court of Alabama November 15, 1900 (Harper v. Johnson)

HARALSON, J.

Assuming as we may for the purposes of this case, without deciding it, that the demurrer to the complaint was properly overruled, we may consider whether or not the plaintiff on the undisputed evidence has made out his case, under the 1st and 7th counts of the complaint, on which the cause was really tried.