Wolf v. Do ex dem. Delage
Supreme Court of Alabama
"Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by John Doe on the demise of Delage and others against Bichard Boe and others. The facts sufficiently appear in the opinion of the court. There was judgment for defendant and on motion this judgment was set aside and a new trial granted, and from the judgment granting the new trial this appeal is prosecuted.
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"Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by John Doe on the demise of Delage and others against Bichard Boe and others. The facts sufficiently appear in the opinion of the court. There was judgment for defendant and on motion this judgment was set aside and a new trial granted, and from the judgment granting the new trial this appeal is prosecuted. The court -erred in granting a iicav trial. 1st, because the finding of this verdict, was the function that could only be performed by the jury notwithstanding the court gave the affirmative charge for the…
1Opinion of the CourtHaralson, J.
At the conclusion of the evidence, the court charged: “If the jury believe the evidence they should find for the plaintiff, for the land described in the complaint,” but they returned a verdict for the defendants.
Thereupon, the plaintiffs moved the court to set aside the verdict because it was contrary to the charge of the court. The court granted the motion and the verdict was set aside. The only assignment of error is, that “the court erred in granting plaintiffs’ motion to set aside the verdict of the jury.” The evidence in the case is set out in the transcript but it is not stated that…
2Cases cited8 opinions
- Thornton v. LaneSupreme Court of Georgia · 1852
- Murray v. HeinzeMontana Supreme Court · 1895
- Childs v. PtomeyMontana Supreme Court · 1896
- Fleming v. L. & N. R. R.Supreme Court of Alabama · 1906
- Davidson v. State ex rel. WoodruffSupreme Court of Alabama · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Fidelity-Phenix Fire Ins. Co. of New York v. MurphySupreme Court of Alabama · 1936
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Penticost v. MasseySupreme Court of Alabama · 1919
12 more not listed; retrieve them via the Exa API.