Lewis Land & Lumber Co. v. Interstate L. Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Beeney. Assumpsit by the Interstate ' Lumber Company against tbe Lewis Land & Lumber Company. Judgment for plaintiff and defendant appeals. Counsel discuss errors assigned, and cite authority in support of their contention. But do not discuss the matters decided.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Beeney. Assumpsit by the Interstate ' Lumber Company against tbe Lewis Land & Lumber Company. Judgment for plaintiff and defendant appeals. Counsel discuss errors assigned, and cite authority in support of their contention. But do not discuss the matters decided. Where the court tries a cause without a jury, and the bill of exceptions does not purport to set but all of the 'evidence, the Supreme Court will presume any state of the evidence to sustain the action of the trial court. — Postal T. Go. v. Hulsey, 115 Ala. 197;…
1Opinion of the CourtDowdell, C. J.
This case was tried by the court below without the intervention of a jury, and a judgment was rendered in favor of the plaintiff. The defendant appeals, and the only assignment of error is the rendition of the judgment.
The bill of exceptions does not purport to contain all, or substantially all, of the evidence introduced on the trial. In Shafer & Co. v. Hausman, 139 Ala. 240, 35 South. 691, we said: “When on appeal the bill of exceptions fail-to recite that it contains all of the evidence, this court will presume any state of the evidence which Avill sustain the giving or refusal of an…
2Cases cited4 opinions
- Postal Telegraph Cable Co. v. HulseySupreme Court of Alabama · 1896
- Sanders v. SteenSupreme Court of Alabama · 1900
- Randall v. WadsworthSupreme Court of Alabama · 1900
- Glawson v. WileySupreme Court of Alabama · 1859
3Cited by19 opinions
- Lamar v. KingSupreme Court of Alabama · 1910
- Baker v. PattersonSupreme Court of Alabama · 1911
- Beard v. DuBoseSupreme Court of Alabama · 1912
- Illinois Cent. R. Co. v. PoseySupreme Court of Alabama · 1924
- Southern Ry. Co. v. WyleySupreme Court of Alabama · 1917
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