Penticost v. Massey
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by S. Penticost, as administrator, against Richard W. Massey. From a judgment granting a new trial after verdict for plaintiff, plaintiff appeals.
1Opinion of the CourtThomas, J.
This is the second appeal in this cause. Penticost v. Massey, 77 South. 675. The last trial resulted in a judgment for plaintiff; and on motion of defendant a new trial was granted, from, which judgment the appeal is taken, and is prosecuted in this court
The bill of exceptions recites that it contains all of the evidence “had upon the trial of the said cause, and all of the evidence introduced and had upon the trial of said motion,” on which the new trial was granted.
The appellee insists that the “laws involved (in the two appeals) axe not the same”; that the “charge held error in the former…
2Cases cited12 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Talley v. WhitlockSupreme Court of Alabama · 1916
7 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Alabama Power Company v. TaylorSupreme Court of Alabama · 1975
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
- Massey v. PentecostSupreme Court of Alabama · 1921
- Franklin Fire Ins. Co. v. SlatonSupreme Court of Alabama · 1941
33 more not listed; retrieve them via the Exa API.