Bryant v. Lane
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Action by A. W. Lane against L. D. Bryant. Judgment for plaintiff, and defendant appeals. Action in assumpsit. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtSamford, J.
[1, 2] Under section 5359 of the Code of 1907, as amended by Acts of 1915, p. 824, this court, on appeal, will review the finding of the court on the evidence without an exception having been reserved thereto. But notwithstanding the statute, when the' evidence is given ore tenufe, the finding of the court will not be disturbed unless the conclusion and judgment is plainly contrary ,to the great weight of the evidence. Deal v. Houston Co., 78 South. 809, 1 and authorities there cited. Keeping in mind the foregoing rule, we are of the opinion that the findings of the court on the facts were…
2Cases cited2 opinions
- Deal v. Houston CountySupreme Court of Alabama · 1918
- Johnson v. ColemanAlabama Court of Appeals · 1915
3Cited by4 opinions
- Wiggins v. WigginsSupreme Court of Alabama · 1941
- Johnson v. BarnettSupreme Court of Alabama · 1941
- C. M. McMahen & Sons v. Louisville & N. R.Alabama Court of Appeals · 1925
- Nicholas v. BickfordNew Mexico Supreme Court · 1940