McCarthy v. Zeigler
Supreme Court of Alabama
Appeal from Judgment rendered by Court on Facts, a Jury being Waived. Appeal from the Circuit Court of Mobile.. Tried before Hon. H. T. Toulmin. No statement of facts is necessary. — As this cause was submitted to the court without the intervention of a jury this court will not revise the action of the Circuit Court in its decision of the facts. — 18 Ala. 566.
1Opinion of the CourtSomerville, J.
— Where, in a civil case, a jury is waived by the parties, and an issue of fact is submitted to the determination of the court, it is provided by the statute, that “in such case the finding of the court upon the facts shall have the same effect as the verdict of a jury.” — Code (1876), § 3029. It is further provided that this court, .in the exercise of its appellate jurisdiction, may review the sufficiency of the facts to support the judgment of the inferior court only where there has been a special finding of the facts at issue between the parties.' — Code, §§ 3030-31.
The sole question of…
2Cited by2 opinions
- Green v. StateSupreme Court of Alabama · 1882
- Quillman v. GurleySupreme Court of Alabama · 1888