McCay v. Parks
Supreme Court of Alabama
Appeal from Circuit Court, Blount County; X E. Blackwood, Judge. Action by Katherine J. Parks against R. L. McCay for the conversion of logs. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 449.
1Opinion of the CourtThomas, J.
The action was in trover for the conversion of timber, and was tried by the court without a jury.
[1] It has been decided that, where the evidence adduced before the judge trying without a jury was developed ore tenus, or partly so, the findings of the trial court will not be disturbed “unless the conclusion below is plainly contrary to the great weight of the evidence.” Ahlrichs v. Rollo, 76 South. 37; Hackett v. Cash, 196 Ala. 403, 72 South. 52; Finney v. Studebaker, 196 Ala. 422, 72 South. 54; Gen. Acts 1915, p. 824.
[2] There is no merit in appellant’s contention that a sale of the premises…
2Cases cited41 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Dothard v. DensonSupreme Court of Alabama · 1882
- Boykin v. SmithSupreme Court of Alabama · 1880
36 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Turnipseed v. MoseleySupreme Court of Alabama · 1946
- Green v. MarlinSupreme Court of Alabama · 1929
- Fuller v. FairSupreme Court of Alabama · 1919
- Fuqua v. RobertsSupreme Court of Alabama · 1959
- Profile Cotton Mills v. Calhoun Water Co.Supreme Court of Alabama · 1920
8 more not listed; retrieve them via the Exa API.