Legal Opinion

Loyd v. Oates

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 21 opinions

Appeal from Circuit Court of Henry. Tried before Hon. John P. Htjbbakd. This was a statutory action of ejectment, W. S. Oates against F. M. Loyd. There was a judgment for the plaintiff, from which the defendant takes this appeal. A statement of facts is unnecessary.

1Opinion of the CourtDenson, J.

The record shows that this case was tried by the court without the intervention of a jury, and a judgment was rendered in favor of the plaintiff. There was no special finding of the facts by the court nor was a special finding requested nor were the facts agreed upon. On this state of the case it has been several times ruled by this Court, that the conclusion of the judge stands as the verdict of a jury and cannot be revised on appeal.- — Code of 3896, § § 3319, 3321; Quillman v. Gurly, 85 Ala. 594; Western Union Telegraph Co. v. White & Co., 329 Ala. 388; Norrille v. State, 131 Ala. 35.

After…

2Cases cited5 opinions

  1. Lewis v. WatsonSupreme Court of Alabama · 1893
  2. Frank v. MyersSupreme Court of Alabama · 1892
  3. McClendon v. Equitable Mortgage Co.Supreme Court of Alabama · 1898
  4. Quillman v. GurleySupreme Court of Alabama · 1888
  5. Norille v. StateSupreme Court of Alabama · 1901

3Cited by21 opinions

  1. Addington v. StateAlabama Court of Appeals · 1916
  2. Lange v. WatersCalifornia Supreme Court · 1909
  3. American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1911
  4. Stephens v. TerryCourt of Appeals of Kentucky · 1917
  5. Henslee v. HensleeSupreme Court of Alabama · 1955

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