Southern Dredging Co. v. Christie
Supreme Court of Alabama
Apeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by S. L. Christie against the Southern Dredging Company. Judgment for plaintiff and from a judgment overruling motion for new trial defendant appeals. Transferred from the Court of Appeals.
1Opinion of the CourtSomerville, J.
The appeal is from a judgment of the trial court overruling a motion for a new trial. The motion was based upon the grounds: (1) That the verdict of the jury was contrary to the evidence; and (2) that defendant was taken by surprise by the testimony of plaintiff with respect to the manner and circumstances of plaintiff’s execution of a receipt purporting to be in full of the claim now sued on.
*422We have examined the evidence with very great care, and if we could assume the equal credibility of the leading witnesses, we might not hesitate to hold that plaintiff’s right to recover was not…
2Cases cited2 opinions
- Hoskins v. HightSupreme Court of Alabama · 1891
- Simpson v. GoldenSupreme Court of Alabama · 1896
3Cited by3 opinions
- Ennis v. Yazoo & M. V. R.Mississippi Supreme Court · 1918
- Bank of Commerce & Trust Co. v. J. C. Pennoyer Co.Supreme Court of Alabama · 1928
- Worthy v. MorrisonAlabama Court of Appeals · 1919