Birmingham MacHine & Foundry Co. v. Walpole
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Suit by N. C. Walpole against the Birming-' ham Machine & Foundry Company. From judgment for plaintiff, defendant appeals. Suit by appellee (plaintiff) against appellant (defendant), resulting in a verdict and judgment for the plaintiff in the sum ofi $17,500, from which defendant prosecutes this appeal.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Suit by N. C. Walpole against the Birming-' ham Machine & Foundry Company. From judgment for plaintiff, defendant appeals. Suit by appellee (plaintiff) against appellant (defendant), resulting in a verdict and judgment for the plaintiff in the sum ofi $17,500, from which defendant prosecutes this appeal. The first four counts of the complaint were withdrawn, and the cause proceeded to trial upon counts 5, 6, 7, and 8, and the general issue joined thereon. Counts 5, 6, and 7 were the common counts for work and labor done, moneys…
1Opinion of the CourtGardner, J.
[1] The nature of this litigation and the tendency of the evidence for the respective parties as well as the questions presented for consideration on this appeal sufficiently appear in the statement of the case. The assignment of error most strenuously insisted upon by counsel for appellant is that relating to the action of the court in overruling the motion for a new trial; the insistence being that the verdict was contrary to the overwhelming weight of the evidence to such an extent as to force the conviction that it was wrong] and unjust, and that therefore it should be set aside. ,
The…
2Cases cited5 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Hackett v. CashSupreme Court of Alabama · 1916
- Hatfield v. RileySupreme Court of Alabama · 1916
- Price v. PriceSupreme Court of Alabama · 1917
- Woodward Iron Co. v. SteelSupreme Court of Alabama · 1915
3Cited by1 opinion
- Crow v. BeckSupreme Court of Alabama · 1922