LeBron v. Morris & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of .Montgomery. Tried before the Hon. John R, Tyson. This was a statutory action of detinue, brought by the appellants against the appellees to recover a bank check. 'The facts of the case are sufficiently stated in the opinion. The cause was tried by the court upon an agreed statement of facts, and without the intervention of a jury. There was judgment for the defendants.
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Appeal from the Circuit Court of .Montgomery. Tried before the Hon. John R, Tyson. This was a statutory action of detinue, brought by the appellants against the appellees to recover a bank check. 'The facts of the case are sufficiently stated in the opinion. The cause was tried by the court upon an agreed statement of facts, and without the intervention of a jury. There was judgment for the defendants. The plaintiffs appeal, and assign the rendition of this judgment as error. The contention of counsel for the appellee that the judgment in this case can not be reviewed by the Supreme Court is…
1Opinion of the CourtMcCLELLAN, J.
All. the facts of this case were agreed upon by the parties and stated in writing to the court. And upon the facts thus agreed upon and presented to the court there was, also by agreement, a trial of the case by the judge of the court without jury. The conclusion and judgment of the court was in favor of the defendants ; and it is argued that we can not review that conclusion and judgment because there was no special finding of the facts by the judge, reliance being had in support of this position upon Quillman v. Gurley, 85 Ala. 594, and the cases there cited. The argument and position are…
2Cases cited4 opinions
- Quillman v. GurleySupreme Court of Alabama · 1888
- Skinner v. StateSupreme Court of Alabama · 1888
- Pate v. McConnellSupreme Court of Alabama · 1894
- Hardy & Co. v. IngramSupreme Court of Alabama · 1887
3Cited by1 opinion
- White v. RoeSupreme Court of Alabama · 1907