Jones & Co. v. Tucker
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Tried before Hon. John P. Hubbard. Action by W. M. Tucker against A. R. Jones & Co., a partnership, and tbe individual members of the firm, for the breach of a contract of employment by which Tucker was employed as a clerk for defendants for one year, at a salary of $40 per month, beginning September 1st, 1898. There were verdict and judgment for plaintiff for $417.50. Defendants filed a motion for a new trial upon the following grounds:…
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Appeal from Coffee Circuit Court. Tried before Hon. John P. Hubbard. Action by W. M. Tucker against A. R. Jones & Co., a partnership, and tbe individual members of the firm, for the breach of a contract of employment by which Tucker was employed as a clerk for defendants for one year, at a salary of $40 per month, beginning September 1st, 1898. There were verdict and judgment for plaintiff for $417.50. Defendants filed a motion for a new trial upon the following grounds: “1st. Because the verdict was contrary to the law and the evidence. 2nd. Because the verdict is contrary to the law of this…
1Opinion of the CourtSharpe, J.
— So far as the motion for a new trial questions the propriety of the verdict the rule applicable on this appeal is that laid down in Cobb v. Malone, 92 Ala. 330, where it was in effect declared that where there is not a palpable failure of evidence to support the finding of the jury the action of the trial court in upholding the verdict will not be deemed erroneous. Here there is no such failure of evidence. On the main question of whether the contract sued on was in fact-made there ivas a mere conflict of evidence such as was proper for solution by the jury alone.
No separate question as to…
2Cases cited2 opinions
- Winter & Loeb v. JudkinsSupreme Court of Alabama · 1894
- Cooper & Co. v. Geo. Pac. Railway Co.Supreme Court of Alabama · 1890
3Cited by15 opinions
- Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- Brown v. Standard Casket Mfg. Co.Supreme Court of Alabama · 1937
- National Surety Co. v. BooneSupreme Court of Alabama · 1933
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