Citation Numbers: 110 Ala. 526
Judges: McClellan
Filed Date: 11/15/1895
Status: Precedential
Modified Date: 7/19/2022
On ReheariNo.
Upon further consideration of the application for rehearing, the court has reached the conclusion, in line with Ala. Gr. So. R. R. Co. v. Eichofer, 100 Ala. 224, McCarthy et al. v. L. & N. R. R. Co., 102 Ala. 193, and a case decided from the bench on argument at the present term, that the action in the present cause is ex contractu and not ex delicto as we formerly held. The former opinion bearing on this point and upon the question whether defendant was entitled to exemption against the judgment and execution in the case is withdrawn. This con-
Rehearing granted. Former judgment set aside. Judgment of circuit court reversed. Cause remanded.
Reversed and remanded.