Hardy & Co. v. Ingram
Supreme Court of Alabama
Atpeal from Clay Circuit Court. Tried before Hon. John B. Tally. Hardy & Co., appellants, plaintiffs below, obtained judgment against one Nolen, and execution thereon issued and was levied on certain cotton and corn in possession of said Nolen. Ingram, appellee, appeared as claimant of the property under the statute. The' issue was found in favor of claimant and Hardy & Co. appealed.
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Atpeal from Clay Circuit Court. Tried before Hon. John B. Tally. Hardy & Co., appellants, plaintiffs below, obtained judgment against one Nolen, and execution thereon issued and was levied on certain cotton and corn in possession of said Nolen. Ingram, appellee, appeared as claimant of the property under the statute. The' issue was found in favor of claimant and Hardy & Co. appealed. Section 8004 of the Code of 1886 is not retroactive. — 83 Ala. 440;,Jb. 408; lb. 299. The statute is remedial and sliovdd be construed in favor of claimant. JEx parte Jiuckley, 53 Ala. 42.
1Opinion of the CourtClopton, J.
The statute authorizes parties to a civil action to agree in writing that an issue of fact may be tried and determined by the court without the intervention of a jury, and the finding may be general or special, unless one of the parties requests a special finding. On the trial, either party may reserve, by bill of exceptions, any ruling, opinion or decision of the court, to which an exception could have been reserved, if a trial by jury had not been waived, and is entitled to an appeal from the judgment of the court; and, “if the finding is special, on appeal, the Supreme Court must examine…
2Cases cited2 opinions
- Wetzler v. Kelly & Co.Supreme Court of Alabama · 1887
- Treadway v. Treadway's ExecutorsSupreme Court of Alabama · 1876
3Cited by5 opinions
- Patapsco Guano Co. v. BallardSupreme Court of Alabama · 1894
- Skinner v. StateSupreme Court of Alabama · 1888
- Bush v. HenrySupreme Court of Alabama · 1888
- Bradford v. StateSupreme Court of Alabama · 1906
- LeBron v. Morris & Co.Supreme Court of Alabama · 1895