Sorsby v. Wilkerson
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by I. K. Sorsby against Hattie C. Wilkerson and others, for damages to trespass to land and the conversion of certain lumber Judgment for defendants, and plaintiff appeals. The verdict was clearly contrary to the weight of the evidence and should be set aside.' 116 Ala. 142, 23 South. 53; 171 Ala. 294, 54 South. 626. The burden was on the defendant to show payment of the mortgage debt.
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Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by I. K. Sorsby against Hattie C. Wilkerson and others, for damages to trespass to land and the conversion of certain lumber Judgment for defendants, and plaintiff appeals. The verdict was clearly contrary to the weight of the evidence and should be set aside.' 116 Ala. 142, 23 South. 53; 171 Ala. 294, 54 South. 626. The burden was on the defendant to show payment of the mortgage debt. The defendants were guilty of conversion. 12 Ala. App. 447, 68 South. 534. The bill of exceptions cannot be considered, except for the…
1Opinion of the CourtMiller, J.
[1] The judgment was rendered in this case on October 29, 1919. The bill of exceptions was presented to the trial judge February 16, 1920. This was more than 90 days after the judgment. It was signed and approved May 15, 1920, within 90 days after presentation. Judgment on motion for new trial was rendered January 10, 1920. This bill of exceptions can be looked to and considered only to review matters raised by the motion for new trial, and the errors assigned thereon. Sections 3019, 3020, Code 1907; Shipp v. Shelton, 193 Ala. 658, 69 South. 102; Cassells’ Mill v. Strater Bros. 166 Ala. 274,…
2Cases cited6 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Ferrell v. RossSupreme Court of Alabama · 1917
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Southern Railway Co. v. MorganSupreme Court of Alabama · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Francis v. Imperial Sanitary Laundry & Dry Cleaning Co.Supreme Court of Alabama · 1941
- Camp v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1948
- Atlantic Coast Line R. Co. v. BurkettSupreme Court of Alabama · 1922
- Williams v. Dan River Mills, Inc.Supreme Court of Alabama · 1971
17 more not listed; retrieve them via the Exa API.