Eagle Iron Co. v. Malone

42 So. 734, 149 Ala. 367, 1906 Ala. LEXIS 7

Opinion

TYSON, J. —

After the complaint was amended by striking out the name of Stewart as a party defendant, the remaining defendant should have been allowed to file the plea in abatement proposed by it. — Eagle Iron Co. v. Baugh, 147 Ala. 613, 41 South. 663. There can, of course, be no trial of the cause on its merits until this plea, when filed, is disposed of. We will, therefore, not consider any other assignment of error.

Reversed and remanded.

Haralson, Simpson, and Denson, JJ., concur.