Legal Opinion

Alabama Penny Savings Bank v. Holmes

Supreme Court of Alabama

Decided December 4, 1913PublishedCited by 5 opinions

Appeal, from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Fanny Holmes against the Alabama Penny Savings Bank and others, for damages for trespass to realty. Prom a judgment for plaintiff defendants appeal. Transferred from the Court of Appeals.

1Opinion of the CourtSayre, J.

— Action of trespass to realty- by appellee against appellants. Most of the rulings complained of affected only one or the other of the defendants separately, not jointly; but the assignments of error are joint. Without a severance and a separate assignment, we chnnot consider the assignments based on errors of that character.

Appellants complained in the trial court that the assessment of damages was excessive and unwarranted by the evidence, and the court’s adverse rulings is presented for review. We think the point well taken, and that the judgment ought- to be reversed on that- ground. If…

2Cases cited4 opinions

  1. Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
  2. Reese v. State ex rel. CarswellSupreme Court of Alabama · 1913
  3. Brown v. FloydSupreme Court of Alabama · 1909
  4. Garden v. Houston Bros.Supreme Court of Alabama · 1909

3Cited by5 opinions

  1. Gill Printing Co. v. GoodmanSupreme Court of Alabama · 1932
  2. Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
  3. Stacey v. TaliaferroSupreme Court of Alabama · 1932
  4. Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
  5. Alabama Penny Savings Bank v. HolmesSupreme Court of Alabama · 1914

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