Legal Opinion
McCarty v. Williams
Supreme Court of Alabama
Decided October 23, 1924No. 6 Div. 227PublishedCited by 17 opinions
1Opinion of the CourtSomerville, J.
The effect of a demurrer to the evidence is to admit every fact which the testimony establishes, or reasonably tends to establish.
“The court does not stand in the place of a jury, to render such a judgment as the jury ought to have rendered, but to render one against the defendant, if the jury, from the evidence, could legally have done so.” Shaw v. White, 28 Ala. 637, 640; Bates’ Adm’r v. Bates, 33 Ala. 102.
When the demurrer to the evidence was overruled, the liability of defendant, under any count of the complaint which stated a cause of action, was conclusively established, and the only…
2Cases cited16 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Pulliam v. SchimpfSupreme Court of Alabama · 1895
- Brown v. MasterSupreme Court of Alabama · 1894
- Tucker v. AdamsSupreme Court of Alabama · 1875
- McLean v. Equitable Life Assurance Society of the United StatesIndiana Supreme Court · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Butler v. OlshanSupreme Court of Alabama · 1966
- Druid Homes, Inc. v. CooperSupreme Court of Alabama · 1961
- Clikos v. LongSupreme Court of Alabama · 1936
- Allison-Russell-Withington Co. v. SommersSupreme Court of Alabama · 1929
- Glidden Co. v. LaneySupreme Court of Alabama · 1937
12 more not listed; retrieve them via the Exa API.