Boss Livery Co. v. Griffith
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. • Action by O. D. Griffith against the Boss Livery Company for damage for injury to goods in transit. There was judgment for the plaintiff, and the defendant made a motion for a new trial, which was overruled, and it appeals.
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Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. • Action by O. D. Griffith against the Boss Livery Company for damage for injury to goods in transit. There was judgment for the plaintiff, and the defendant made a motion for a new trial, which was overruled, and it appeals. On application for rehearing, attorneys for the appellant state the reason above given for their failure to file a brief, and then proceed to brief the case on its merits; but it is not deemed necessary to here set it out. On the submission of the case in this court, attorney for appellee stated that it was…
1Opinion of the CourtMerritt, J.
[1,2] The appeal in this ease is from a judgment overruling appellant’s motion for a new trial, and the assignment of error is that the trial court committed error in refusing to grant a new trial to the appellant. The submission of the appeal in this court is upon confession of error by the appellee. No briefs have been filed in the cause, and the question is squarely presented wheth er this court should, on the confession of error, reverse the case and grant the appellant a new trial, irrespective of the fact as to whether the trial court committed error in its ruling on said motion. We…
2Cases cited1 opinion
- State ex rel Crow v. CrookSupreme Court of Alabama · 1898
3Cited by6 opinions
- Murphy v. DeesSupreme Court of Alabama · 1975
- Layton v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- Hurley v. City of TroyAlabama Court of Appeals · 1924
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