Beavers v. Harris

On Petition for Rehearing

Appellee seriously argues on rehearing that the status of the evidence on trial did not warrant a finding for the plaintiff because there was no proof of the alternate value of the property and a judgment entered accordingly; that therefore the judgment for the defendant should not be reversed. This is the general rule. Title 7, § 921, Code of 1940; Gwin v. Emerald Co., 201 Ala. 384, 78 So. 758; MacKey v. Hall Auto Co., 27 Ala.App. 557, 176 So. 318; Graham v. Fincher, 21 Ala.App. 276, 107 So. 327.

But a well recognized exception to the rule is that if no prejudice…