Bibb v. Hall & Farley
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John M. Chilton, Special Judge. This action was brought by J. L. Hall and L. B. Farley, as trustees, against the appellant, W. C. Bibb, Jr., and counted on a promissory note, given by the defendant to the Alabama Midland Railway Company, for the amount of his subscription toy the capital stock of said company.
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Appeal from the City Court of Montgomery. Tried before the Hon. John M. Chilton, Special Judge. This action was brought by J. L. Hall and L. B. Farley, as trustees, against the appellant, W. C. Bibb, Jr., and counted on a promissory note, given by the defendant to the Alabama Midland Railway Company, for the amount of his subscription toy the capital stock of said company. This note was subsequently, together with other collaterals, transferred to the Alabama Terminal & Improvement Company, which latter company transferred the same to the Farley National Bank, and while in the possession of…
1Opinion of the CourtHaralson, J.
I. If there is a special finding of facts in the lower court, as was the case here, at the request of one of the parties, the Supreme Court must, on appeal, examine and determine whether the facts aré sufficient to support the j udgment. — Code, § 2743. It must find directly and affirmatively every issue in fact essential to the right of recovery, or judgment on it can not be pronounced, and it can not be aided by intendment or by-reference to extrinsic facts. — Betancourt v. Eberlin, 71 Ala. 461; Quillman v. Gurley, 85 Ala. 594, 5 So. Rep. 345.
II. Then, what are the issues of fact in this…
2Cases cited21 opinions
- Casey v. GalliSupreme Court of the United States · 1877
- Chesapeake & Ohio Railway Co. v. MillerSupreme Court of the United States · 1885
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- County of MacOn v. ShoresSupreme Court of the United States · 1877
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3Cited by31 opinions
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Smock v. Farmers' Union State BankSupreme Court of Oklahoma · 1908
- First National Bank v. Fidelity & Deposit Co.Supreme Court of Alabama · 1906
- West Side Oil Co. v. McDormanCourt of Appeals of Texas · 1922
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
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