The opinion
ANDERSON, C. J., and BROWN, J.,
concur in the result on the sole ground that the record shows that the motion was made after pleading to the merits, and, therefore, came too late, and cite as authority for their position Heflin v. Rock Mills Mfg. & Lumber Co., 58 Ala. 613 ; Brown v. Bamberger, 110 Ala. 342 , 20 So. 114 ; Victor Adding Mach. Co. v. Long, 20 Ala. App. 633 , 104 So. 679 .