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• Title: Bill Lewis v. D. Frank Haynes
• Author : Supreme Court of Alabama
• Release Date : January 07, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

LAWSON, Justice. From the complaint in this cause it appears that on or about January 15, 1956, Bill Lewis suffered injuries
to his person as a result of a fall which occurred while he was engaged in painting the interior of a store building wherein
D. Frank Haynes operated a refrigeration service store. Lewis filed suit against Haynes, claiming $25,000 damages for the injuries which he alleged he sustained as a result of the
fall. The complaint as originally filed consisted of only one count. Haynes filed a demurrer but before any action was taken
thereon Lewis amended his complaint by adding Count Two. Haynes reassigned the original demurrer, which contained nine grounds,
and added grounds ten through eighteen. The demurrer was sustained. Lewis then amended his complaint by adding Counts Three
and Four. Thereupon the trial court rendered another decree sustaining 'the defendant's demurrers to the Complaint as last
amended.' We find in the record no demurrer assigned or reassigned to the complaint as thus amended. Lewis again amended his
complaint. He added Counts Five and Six. Haynes reassigned 'his demurrers as previously filed in this case to the complaint
of the plaintiff, as last amended, and to counts one through six thereof, separately and severally.' Thereafter the trial
court rendered a decree sustaining 'defendant's demurrers to Counts 5 and 6 of the complaint.' Lewis, the plaintiff, then
suffered a non-suit and has appealed as authorized by the statute. 819, Title 7, Code 1940. The judgment of non-suit
is in form a final judgment which will support an appeal. Cooper v. City of Fairhope, 263 Ala. 619, 83 So.2d 321; Gladden
v. Columbiana Sav. Bank, 235 Ala. 541, 180 So. 548; Thomas v. White, 244 Ala. 128, 12 So.2d 567. Cf. Couch v. Rodgers, 257
Ala. 560, 59 So.2d 809; Biddle v. Employers Ins. Co. of Alabama, 257 Ala. 276, 58 So.2d 596; Heffelfinger v. Lane, 239 Ala.
151, 194 So. 504.

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