Western Union Telegraph Co. v. White & Co.
Supreme Court of Alabama
iAppeal from the Circuit Court of Perry. Tried before the Hon. John Moore. This was an action brought 'by the. appellees, J. H. White & Co., against the Western Union Telegraph Company, to recover damages for delay in delivering a telegram. Under the decision on the present appeal it is unnecessary to set out the facts in detail. ■The cause was tried by the court without the intervention of a jury, and judgment was rendered in favor of the plaintiffs.
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iAppeal from the Circuit Court of Perry. Tried before the Hon. John Moore. This was an action brought 'by the. appellees, J. H. White & Co., against the Western Union Telegraph Company, to recover damages for delay in delivering a telegram. Under the decision on the present appeal it is unnecessary to set out the facts in detail. ■The cause was tried by the court without the intervention of a jury, and judgment was rendered in favor of the plaintiffs. The defendant appeals, and assigns as error the rendition of judgment, for the plaintiffs.
1Opinion of the CourtDowdell, J.
The cause was tried by the court without the intervention of a jury, and a judgment was-entered in favor of the plaintiff. The bill of exceptions sets out the evidence introduced upon the trial, but fails to show that any exception was taken and reserved to the judgment rendered. There was no request for a special finding on the facts and no such finding was had. Code of 1896, §§ 3319-21. In such case the judgment of the court takes the place of the verdict of the jury, .and is not subject to review on appeal.—Chandler v. Crossland, 126 Ala. 176; Quillman v. Gurley, 85 Ala. 594; Betancourt v.…
2Cases cited3 opinions
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Chandler & Jones v. CrosslandSupreme Court of Alabama · 1899
- Quillman v. GurleySupreme Court of Alabama · 1888
3Cited by7 opinions
- Johnstone v. O'RearSupreme Court of Alabama · 1929
- Wiggins v. WigginsSupreme Court of Alabama · 1941
- McDonough v. Commercial State BankAlabama Court of Appeals · 1916
- Johnson v. BarnettSupreme Court of Alabama · 1941
- Cefalu v. Dearborn & WarfieldSupreme Court of Alabama · 1909
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