Butler v. Hughes

MERRILL, Justice.

Appellee, plaintiff below, instituted this action under the provisions of Title 7, § 123, Code of Alabama 1940, to recover damages for the wrongful death of Sara P. Butler, the wife of appellant. By stipulation of the parties, the case was submitted to the court below on the same evidence adduced in a criminal case wherein the defendant (appellant here) was tried for the murder of his estranged wife and convicted of manslaughter. In the instant case, the court, sitting without a jury, rendered a judgment for the appellee in the amount of $2,500. From this judgment and the…