Robert G. Lassiter & Co. v. Nixon

On Rehearing.

FOSTER, J.

This case was tried by the judge of the court below without a jury on evidence taken orally before him, and he found the facts from such evidence. We are required to look into the record to see if the findings of the judge are sustained by the evidence. Shepherd v. Scott’s Chapel, 216 Ala. 193, 112 So. 905; Jones v. Hines, 205 Ala. 145, 87 So. 531. This however is subject to the presumption of correctness when the evidence is oral before the court notwithstanding sections 9498 and 8599 of the Code. Bookmiller v. Jones, 216 Ala. 298, 113 So. 32; Shaw v. Knight, 212 Ala.…