McClendon v. McKissack
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before tlie 1-Ion. John P. Hubbard. This appeal is taken by appellant, W. A. McLendon, from the action of the lower court in refusing to grant a new trial in a certain cause, brought by appellee, It.
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Appeal from Circuit Court of Henry. Tried before tlie 1-Ion. John P. Hubbard. This appeal is taken by appellant, W. A. McLendon, from the action of the lower court in refusing to grant a new trial in a certain cause, brought by appellee, It. L. McKissack, against appellant and others, based on the official bond of the defendant, as sheriff of Henry county, alleging that the said sheriff had wrongfully levied upon and sold certain property of the plaintiff, under an attachment against one S. J. McKissack. The grounds of the motion Avere that the verdict Avas contrary to the evidence, that the…
1Opinion of the CourtDowdell, J.
The appeal in this case is prosecuted from the judgment of the circuit court overruling a motion for a new trial.
The first and second grounds of the motion were to the effect that the verdict of the jury was contrary to the evidence, or to the weight of the evidence. The third ground was based upon remarks made by plaintiff’s counsel to the jury. The 4th, 5th, 6th, 7th, 8th, 9th, 10th and lltli grounds were based on specific written charges refused to the defendants. The 12th ground was for newly discovered evidence. The 3rd, 7th and 9th grounds arc; not insisted on in argument by counsel for…
2Cases cited4 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Simpson v. GoldenSupreme Court of Alabama · 1896
- Bayonne Knife Co. v. UmbenHauerSupreme Court of Alabama · 1894
3Cited by12 opinions
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- State v. GoodwynSupreme Court of Alabama · 1961
- Leader v. RomanoSupreme Court of Alabama · 1923
- Hasty v. HastySupreme Court of Alabama · 1953
- Chattahoochee Valley Railway Company v. WilliamsSupreme Court of Alabama · 1958
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