Third Nat. Bank in Nashville v. Merrill

MERRILL, Justice.

We concluded upon preliminary consideration of appellant’s petition for certiorari to the Court of Appeals that the writ should issue because of the following statement in the opinion of the Court of Appeals, wherein it was decided that the appellee, defendant below, was entitled to the affirmative charge with hypothesis: “We do not think that the very scant evidence relating to notice afforded a reasonable inference adverse to the claim of appellee.”

It is argued here that this statement conflicts with the scintilla rule, but we assume the Court of Appeals meant to say that…