Stewart v. Guy
Supreme Court of Alabama
Appeal from Circuit Court of Clarke. Tried before the Hon. John C. Anderson. This was a statutory action of detinue, brought by the appellant, J. C. Stewart, against the appellee, E. J. Gnv, to recover the possession of a horse.
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Appeal from Circuit Court of Clarke. Tried before the Hon. John C. Anderson. This was a statutory action of detinue, brought by the appellant, J. C. Stewart, against the appellee, E. J. Gnv, to recover the possession of a horse. There were verdict and judgment for the defendant, thereupon the plaintiff moved the court to grant him a new trial upon the following grounds: First, because the verdict was contrary to the evidence; second, because the verdict is contrary to the law; third, because the verdict is contrary to the law and the evidence. The fourth ground of motion for new trial was…
1Opinion of the CourtDowdell, J.
The overruling of a motion for a new trial is the only matter assigned as error in the record. The bill of exceptions does not purport to set out all of the evidence had in the original trial, and in this state of the record it is impossible for this court to say whether the weight of the evidence was against, or in favor of, the verdict. The judgment of the court, therefore, on the motion relating to the evidence and verdict will not be disturbed.
To the charge given ex mero motu by the court, it does not appear that any exception was reserved on the trial. The failure to reserve an exception…
2Cases cited1 opinion
- Tobias & Co. v. Treist & Co.Supreme Court of Alabama · 1893
3Cited by6 opinions
- Smith v. WoolfSupreme Court of Alabama · 1909
- Central of Georgia Railway Co. v. AshleySupreme Court of Alabama · 1909
- Geter v. Central Coal Co.Supreme Court of Alabama · 1907
- McDuffie & Sons v. WeeksAlabama Court of Appeals · 1913
- Blount County v. McPhersonSupreme Court of Alabama · 1959
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