Howell v. Moon

ANDERSON, O. J.

There are three assignments of error, but the first two are merely repeated in brief for appellant, and this does not amount to such an insistence or argument as to require the consideration of same. Western Union Co. v. Benson, 159 Ala. 273, 48 So. 712; 5 Mayfield Digest, p. 32, § 32.

The third assignment of error relates to the refusal of the trial court to grant a new trial. The case was tried by the court without a jury, and the evidence was ore terms and the conclusion reached was like unto the verdict of a jury, and will not be disturbed by this court, unless plainly…