Thomason v. Silvey & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. George E. Brewer. The appellees brought an action of detinue against the appellants to recover certain machinery. Upon the introduction of all the evidence, the court at the request of the defendants gave the general affirmative charge in their behalf. There were verdict and judgment for the defendants. Thereupon the plaintiff made a motion for a new trial.
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. George E. Brewer. The appellees brought an action of detinue against the appellants to recover certain machinery. Upon the introduction of all the evidence, the court at the request of the defendants gave the general affirmative charge in their behalf. There were verdict and judgment for the defendants. Thereupon the plaintiff made a motion for a new trial. The grounds of this motion and the evidence in the case are sufficiently stated in the opinion. The court granted said motion and the defendants duly excepted. The defendants…
1Opinion of the CourtDowdell, J.
This is an appeal from the judgment of the circuit court granting a motion for a new Trial. The grounds of the motion were, (1) that the verdict was contrary to the law, (2) the verdict was contrary to the evidence, and (3) the court erred in- giving the affirmative charge for the defendants. Upon the hearing of this motion, the court was confined to the evidence which had been introduced upon the trial, and in the admission of testimony which had not been so introduced against the objection of the defendants in the motion the court was in error. But it is insisted by the appellee here that…
2Cases cited5 opinions
- Parsons v. BoydSupreme Court of Alabama · 1852
- Miller v. EatmanSupreme Court of Alabama · 1847
- Price v. Talley's Adm'rsSupreme Court of Alabama · 1850
- Sloan v. WilsonSupreme Court of Alabama · 1897
- Vinson v. ArdisSupreme Court of Alabama · 1886
3Cited by5 opinions
- New York Times Company v. SullivanSupreme Court of Alabama · 1962
- Bolton v. CuthbertSupreme Court of Alabama · 1902
- Alabama Gas Co. v. JonesSupreme Court of Alabama · 1943
- Hill v. StateCourt of Criminal Appeals of Alabama · 1995
- Louisville N. R. Co. v. JamesSupreme Court of Alabama · 1922