Van Leer v. Helms

GOODWYN, Justice.

Appellant brought suit in detinue against appellee to recover a 1941 Cadillac automobile. On motion of plaintiff, the cause was transferred to the equity side of the court. All of the testimony was taken before a commissioner.

As stated in appellant’s brief, “the issue is one of fact.” This requires an examination by us of the evidence. In considering the evidence in this case, we are not aided by any presumption in favor of the trial court’s decision on the facts, since no part of the testimony was taken orally before the trial court. Wheeler v. Wheeler, 249 Ala. 119, 121, 29…