Bowling v. State
Supreme Court of Alabama
Appeal from Circuit Court, Macon County; S. L. Brewer, Judge. Bill by the State,-on the relation of its Solicitor, to condemn and sell one Hudson Super-Six automobile, alleged to have been used in transporting prohibited liquors by one M. C. Blackwell, deceased, wherein H. G. Bowling claimed the car. From a decree denying ljis claim and confiscating the car, Bowling appeals.
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Appeal from Circuit Court, Macon County; S. L. Brewer, Judge. Bill by the State,-on the relation of its Solicitor, to condemn and sell one Hudson Super-Six automobile, alleged to have been used in transporting prohibited liquors by one M. C. Blackwell, deceased, wherein H. G. Bowling claimed the car. From a decree denying ljis claim and confiscating the car, Bowling appeals. The claimant introduced a note and mortgage for the sum of $550, executed to him by M. C. Blackwell, with the car in suit as security mentioned in the mortgage. He showed a payment thereon of $150, and proved the…
1Opinion of the CourtAnderson, C. J.
[1] We are, of course, aware of the well-established rule that, when a cause is tried by the court without a jury and the evidence is ore tenus, or partly so, ’the trial court lias the advantage over this court of seeing and hearing the witnesses, and its conclusion on facts is like unto the verdict of a jury, and will not be disturbed by this court, unless plainly contrary to the great weight of the evidence, and that said rule applies to equity as well as cases at law. The evidence in the present case, however, fully supported the petitioner’s mortgage, and was not materially controverted…
2Cases cited1 opinion
- State v. CrosswhiteSupreme Court of Alabama · 1920
3Cited by22 opinions
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1920
- Salter v. HamiterSupreme Court of Alabama · 2004
- Gray v. HandySupreme Court of Alabama · 1920
- DeMoville v. Merchants & Farmers BankSupreme Court of Alabama · 1936
- Edwards v. StateSupreme Court of Alabama · 1925
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