McDuffie & Sons v. Weeks
Alabama Court of Appeals
Appeal from Geneva Circuit Court. Heard before- Hon. H. A. Pearce. Assumpsit by Minerva Weeks against B. P. McDuffie & Sons. Judgment for plaintiff, and defendant appeals from an order of tlie court denying them a motion for new trial. Counsel discuss the facts in the case, and insist that they were such as to require a setting aside of the verdict, and the granting of defendant’s motion for new trial.
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Appeal from Geneva Circuit Court. Heard before- Hon. H. A. Pearce. Assumpsit by Minerva Weeks against B. P. McDuffie & Sons. Judgment for plaintiff, and defendant appeals from an order of tlie court denying them a motion for new trial. Counsel discuss the facts in the case, and insist that they were such as to require a setting aside of the verdict, and the granting of defendant’s motion for new trial. Counsel insists in the first place that no objections or exceptions were reserved on the original trial, and that the grounds of the motion presented nothing for review.
1Opinion of the Court
PELHAM, J. —
The jury before Avhom the case was tried rendered a verdict in favor of the plaintiff, and the defendants made a motion for a new trial and appealed from the order overruling the motion. No exception is shown to have been reserved to any ruling of the court during the progress -of the trial, and the grounds assigned in the motion for a neAV trial (five in number) in substance are: (1) The verdict is contrary to the laAv and the evidence; (2) the note sued on was paid before suit Avas brought; (3) the court erred in requiring the defendants to go to trial when not ready; (4) the…
2Cases cited7 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Hoskins v. HightSupreme Court of Alabama · 1891
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- McLendon v. BushSupreme Court of Alabama · 1900
- Greek American Produce Co. v. L. & N. R. R.Alabama Court of Appeals · 1911
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- National Life Accident Ins. Co. v. CurtinAlabama Court of Appeals · 1947
- State v. McDanielSupreme Court of Alabama · 1970
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