Ponder v. Morris & Bros.
Supreme Court of Alabama
Assumpsit. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by D. W. Morris & Bro. against M. A. Ponder. Prom a judgment for plaintiffs, defendant appeals. This was an action by D. W. Morris & Bro. and the individual members composing the partnership against M. A. Ponder.
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Assumpsit. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by D. W. Morris & Bro. against M. A. Ponder. Prom a judgment for plaintiffs, defendant appeals. This was an action by D. W. Morris & Bro. and the individual members composing the partnership against M. A. Ponder. The first count was for balance due on goods, wares, and merchandise, sold and delivered to defendant in 1902. The second count was for balance due on account of goods, wares and merchandise sold and delivered to defendant’s family, at the request of. defendant’s wife, for their use and…
1Opinion of the CourtDowdell, J.
Tbe demurrer interposed to tbe amended complaint was without merit.
Tbe case was tried by the court without tbe intervention of a jury. Tbe testimony of tbe witnesses was delivered ore Ion us. Tbe evidence was in conflict. While, under l he practice act of the city court of Birmingham (Acts 1888-89, p. 998, § 11), tbe conclusions and judgments of the trial court upon tbe evidence may be reviewed on appeal without any presumption in favor of tbe ruling of tbe court below on tbe evidence,' yet this court should not disregard tbe fact that tbe trial court, in having tbe witnesses in person before…
2Cases cited1 opinion
- Gafford v. DunhamSupreme Court of Alabama · 1895
3Cited by11 opinions
- Green v. First National Bank of TuskaloosaCourt of Civil Appeals of Alabama · 1971
- McMillan v. FabrettaSupreme Court of Alabama · 1935
- Joyner v. McMurphyAlabama Court of Appeals · 1935
- Guthrie v. BoboAlabama Court of Appeals · 1946
- Loveman, Joseph & Loeb, Inc. v. RogersAlabama Court of Appeals · 1957
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