Williams v. Woodward Iron Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The facts of the case are sufficiently stated in the opinion. — The court is at liberty to review the conclusions of the trial court upon the evidence. The rulings on the demurrer and the final judgment are never necessary to be stated in the bill of exceptions.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The facts of the case are sufficiently stated in the opinion. — The court is at liberty to review the conclusions of the trial court upon the evidence. The rulings on the demurrer and the final judgment are never necessary to be stated in the bill of exceptions. Sivoly v. Scott, 56 Ala. 557 ; Petty v. Dill, 53 Ala. 641; Ex parte Knight, 61 Ala. 482. — This court is without authority to review the correctness of the conclusion and judgment of the circuit court. — Rood v. Pioneer M. & M. Go., 95 Ala. 461. There…
1Opinion of the CourtMcCLELLAN, J.
— This action is prosecuted by Elias Williams, as administrator of James Williams, deceased, against the Woodward Iron Co., and sounds in damages for the negligence of the defendant whereby plaintiff’s intestate came to his death. A jury was waived by the parties and the trial was before the judge of the circuit court. A bill of exceptions was taken, and signed by the judge, in which is set forth all the evidence and several rulings of the court on the admissibility of testi*256mony, but it contains no statement of the finding and conclusion of the trial judge on the evidence, nor, of course, any…
2Cases cited3 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Hood v. Pioneer Mining & Manufacturing Co.Supreme Court of Alabama · 1891
- Gadsden & Attalla Union Railway Co. v. CauslerSupreme Court of Alabama · 1892
3Cited by25 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Clendenon v. YarbroughSupreme Court of Alabama · 1936
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1930
- International Harvester Co. v. WilliamsSupreme Court of Alabama · 1931
- Goodwyn v. GibsonSupreme Court of Alabama · 1937
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