Legal Opinion

Alabama Fruit Growing & Winery Ass'n v. Garner

Supreme Court of Alabama

Decided July 1, 1898PublishedCited by 4 opinions

AppExIL from Cleburne County Court. Tried before Hon. T. J. Burton. The appellee sued the appellant on a bill of exchange. From a judgment for plaintiff, defendant appeals. The opinion states the case. cited, Williams v. Woodward Iron Go., 106 Ala. 254; Denson v. Gray, 118 Ala. 608, 616; Holmes v. State, 108 Ala. 24; Woodroio v. Hawvmg, 105 Ala. 240; Barney v. Peeples, 108 Ala. 476, 479.

1Opinion of the CourtBrickell, C. J.

— This appeal is from a judgment rendered by the county court of Cleburne County in a cause tried by the court without the intervention of a jury. In section 12 of the act creating said court (Acts 1896-7, p. 802) it is provided that when a cause is tried by the court without' the intervention of a jury “either party may by a bill of exceptions also present for review the conclusions and judgments of the court on the evidence, and the Supreme Court shall review the same without any presumption in favor of the court below on the evidence, and, if there be error, shall render such judgment in…

2Cases cited3 opinions

  1. Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
  2. Hood v. Pioneer Mining & Manufacturing Co.Supreme Court of Alabama · 1891
  3. Denson v. GraySupreme Court of Alabama · 1896

3Cited by4 opinions

  1. Stephenson v. AllisonSupreme Court of Alabama · 1910
  2. Johnstone v. O'RearSupreme Court of Alabama · 1929
  3. Morey v. MonkSupreme Court of Alabama · 1904
  4. Fleming v. StateSupreme Court of Alabama · 1904

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