City of Birmingham v. Lane

The appeal is from the action of the trial court in granting a new trial on plaintiff’s motion.

If any proper ground of the motion, under the evidence before the court, will support the judgment in granting a new trial, the same will be sustained, and this is the rule, although the trial court may have based its action on an improper ground. Choate v. A. G. S. R. R. Co., 170 Ala. 590, 54 South. 507; Jones v. Jefferson County, 206 Ala. 13, 89 South. 174.

It will not be necessary to indulge in a discussion of the rules governing the granting or refusal of such motions. Cobb v. Malone, 92 Ala.…