Karter v. Peck
Supreme Court of Alabama
Ait’eai'j from the Circuit Court of Cullman. Tried before the Hon. H. C. Spbaice. This was an action by E. H. Peck and Brother against J. II. Karter. Judgment was rendered in favor of the defendant, which on motion of the plaintiff's was vacated and a new trial granted.
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Ait’eai'j from the Circuit Court of Cullman. Tried before the Hon. H. C. Spbaice. This was an action by E. H. Peck and Brother against J. II. Karter. Judgment was rendered in favor of the defendant, which on motion of the plaintiff's was vacated and a new trial granted. Prom the order granting a new trial both parties appealed and endeavored in that way to have reviewed the rulings of the court on the main trial. — The court erred in setting aside the verdict on the ground that it was contrary to the evidence. — Gobi) v. Malone & Gollins, 92 Ala. 630; Holland v. Howard Bros., 105 Ala. 638.…
1Opinion of the CourtSiiabpe, J.
— E. H. Peck & Brother sued J. H. Kar-ter in a complaint declaring in case and trover for the value of cotton alleged to have been mortgaged by one McCall to plaintiffs and afterwards converted or wrongfully disposed of by the defendant. Upon the issues of fact, the verdict was in favor of the defendant and judgment was rendered accordingly.
Thereafter, upon- plaintiff’s motion, a neAV trial was granted. From that order both parties have appealed and the two appeals are here submitted together with appellees’ motion in each case to dismiss the appeal, of the opposing party.
The motion for new…
2Cases cited5 opinions
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