Ex parte Shoaf
Supreme Court of Alabama
Certiorari to' Court of Appeals. Ella Shoaf seeks by certiorari to review the judgment of the Court of Appeals reversing and remanding the judgment of the nisi prius court in the case of Hagin v. Shoaf, 9 Ala.
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Certiorari to' Court of Appeals. Ella Shoaf seeks by certiorari to review the judgment of the Court of Appeals reversing and remanding the judgment of the nisi prius court in the case of Hagin v. Shoaf, 9 Ala. App. 300, 63 South. 764. Ownership of personal property is a fact to which a witness may testify. —Rasco v. Jefferson, 142 Ala. 705. The husband having deposited the money in the wife’s name, the same constituted a gift to the wife, and having paid the notes for which defendant was responsible, she could recover on same. — Anniston N. Banvk v. Howell, 116 Ala. 275; First N. Bank v.…
1Opinion of the Court
de GRAFFENRIED, J. —
-It is unnecessary for this court to reaffirm, in this case, its declaration, made repeatedly, that it will not revise the action of the Court of Appeals in its findings of fact. The supervisory powers of this court over the Court of Appeals are exercised only on questions of law, and none of its judgments, in cases in which it possesses jurisdiction, will be disturbed, unles this court is of the opinion that the court has committed , an error of law. Sometimes there is a case of mixed law and fact — a case in which a conclusion of fact drawn from admitted evidence must…
2Cases cited5 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Sayre v. WeilSupreme Court of Alabama · 1891
- Rasco v. JeffersonSupreme Court of Alabama · 1904
- Robinson v. CowanSupreme Court of Alabama · 1908
3Cited by10 opinions
- Cochran v. CochranSupreme Court of Alabama · 1972
- Ex Parte NewbernSupreme Court of Alabama · 1970
- Jones Valley Finance Co. v. TennilleAlabama Court of Appeals · 1959
- Alabama Farm Bureau Mut. Cas. Ins. Co. v. CainSupreme Court of Alabama · 1980
- Birmingham Electric Co. v. HerefordSupreme Court of Alabama · 1933
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