Oliver v. Herron
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. N. D. Denson. This was a common law action of ejectment, brought by the appellee against the appellants. Upon a verdict being returned for the plaintiff and á judgment rendered thereon, the defendants moved for a new trial. This motion was overruled, to which ruling of the court the defendants duly excepted.
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Appeal from the Circuit Court of Elmore. Tried before the Hon. N. D. Denson. This was a common law action of ejectment, brought by the appellee against the appellants. Upon a verdict being returned for the plaintiff and á judgment rendered thereon, the defendants moved for a new trial. This motion was overruled, to which ruling of the court the defendants duly excepted. The present appeal is prosecuted from the judgment of the trial court overruling the motion for a new trial, and this ruling constitutes the only assignment of error. — 1. It nowhere appears in the bill of exceptions that all…
1Opinion of the CourtColeman, J.
— The appeal is prosecuted- from the judgment of the trial court overruling amotion for anew trial. This is the only assignment of error. The bill of exceptions does not purport to set out all, or substantially all the evidence, before the court at the hearing of.the motion, and for this reason, if there were no other, we would be compelled to affirm the-judgment. We are of opinion, however, that upon the showing made, as contained in the record, the court did not, err. The only ground for the motion, worthy of consideration, is, that one of the jurors, who tried the case, was non compos. and…
2Cited by19 opinions
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
- Moore v. City of MobileSupreme Court of Alabama · 1946
- Williams v. Dan River Mills, Inc.Supreme Court of Alabama · 1971
- State v. GardnerOregon Supreme Court · 1898
- Brackin v. StateAlabama Court of Appeals · 1943
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