Ford v. Alabama By-Products

400 So. 2d 380, 1981 Ala. LEXIS 3469

Opinions

PER CURIAM.

Affirmed on the authority of Vaughn v. Thomas, 372 So.2d 1309, 1311 (Ala.1979), “A party cannot try his case on one theory and then appeal on a separate theory,” and Haskew v. Bradford, 370 So.2d 259, 262 (Ala.1979), “A question of law which was not presented to nor passed upon by the trial court cannot be raised on appeal.”

AFFIRMED.

All the Justices concur.