Alabama Court of Appeals April 21, 1925, 7 Div. 95. (Smith v. Lineville Nat. Bank)

SAMFOBD, J.

This suit was brought on a promissory note. Invoking the right given under section 6490 of the Code of 1923, defendant, by motion, sought to transfer the cause to the equity side of the docket. The motion was tested by demurrer, demurrer was sustained, and defendant presents this action of the court as error.