Parker v. Hayes Lumber Co.

This is an appeal from the ruling of the trial court which set aside the verdict of a jury and granted appellee, plaintiff in the trial court, a new trial. The evidence was in conflict, but the trial court saw and heard the witnesses, and on appeal some presumption must be indulged in favor of its action. As was said in Batson v. State, 216 Ala. 275, 113 So. 300, courts of record have inherent power, independent of the statute, to set aside and vacate their orders and judgments within the term and for common-law causes. Hence we attach no controlling importance to the fact that appellees in…