Union Mut. Aid Ass'n v. Carroway
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saft'old Berney, Judge. Action by Frank Carroway against the Union Mutual Aid Association of Mobile. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 449.
1Opinion of the CourtThomas, J.
This suit was for sick indemnity alleged to have accrued on a policy of insurance.
[1] It has been declared that, where the evidence before the judge trying without a jury was developed ore tenus, or partly so, the finding in the trial court will not be disturbed unless that conclusion is plainly contrary to the great weight of the evidence. Ahlrichs v. Rollo, 76 South. 37. 1 Hackett v. Cash, 196 Ala. 403, 72 South. 52; Finney v. Studebaker, 196 Ala. 422, 72 South. 54; Gen. Acts, 1915, p. 824. Otherwise stated, the conclusion of the trial court is in lieu of the verdict of the jury, and the…
2Cases cited23 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Knights Templars & Masons Life Indemnity Co. v. CraytonIllinois Supreme Court · 1904
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Braly v. Commercial Casualty InsuranceSupreme Court of Kansas · 1951
- McGifford v. Protective Life Ins. Co.Supreme Court of Alabama · 1933
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
9 more not listed; retrieve them via the Exa API.