Shepherd v. Clements

GARDNER, J.'

This cause was tried in the circuit court of Jefferson county before the court without a jury. There was judgment for the plaintiff, and defendant’s motion for a new trial was overruled.

On appeal, the Court of Appeals (141 So. 250) entertained the opinion that a review of the ruling of the trial court on the facts was precliided for the reason, first, that there was no exception reserved on the original judgment rendered, and, second, that the ruling-on the motion for new trial was not subject to review, for the reason that the appeal was from the original judgment and not from…