Stewart Veneer Co. v. Windham & Co.
Alabama Court of Appeals
New Trial. Appeal from Hale Law and Equity Court. Heard before Hon. Charles E. Waller. Windham' & Co. sued Stewart Veneer Co., and obtained a judgment, and on motion for a new trial, tbe court determined that tbe defendant ivas not entitled to have tbe verdict set aside, and tbe defendant appeals.
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New Trial. Appeal from Hale Law and Equity Court. Heard before Hon. Charles E. Waller. Windham' & Co. sued Stewart Veneer Co., and obtained a judgment, and on motion for a new trial, tbe court determined that tbe defendant ivas not entitled to have tbe verdict set aside, and tbe defendant appeals. Counsel discusses tbe evidence, and insists that it fails to support tbe verdict rendered and that because of tbe newly discovered evidence, and tbe surprise, tbe defendant should have been granted a new trial, but be cites no authority in support thereof. Under tbe well-known rule tbe court will…
1Opinion of the CourtThomas, J.
The appellant was defendant below, and prosecutes this appeal solely from the order and judgment of the lower court overruling his motion for a new trial. The action was one of assumpsit on the common counts and on a special count, all of which, so far as relied on in the • evidence, claimed the demand sued on for services in cutting and hauling timber for defendant. The case was tried by a jury on a plea of the general issue and on two special pleas — one of payment and one of set-off. The defendant in his evidence practically abandoned the plea of the general issue by admitting the…
2Cases cited8 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- McLeod v. Shelly Manufacturing & Improvement Co.Supreme Court of Alabama · 1895
- Central of Georgia Railway Co. v. AshleySupreme Court of Alabama · 1909
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
- Bray & Landrum v. ElySupreme Court of Alabama · 1894
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