Denson v. Middleton
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; H. A. Sharpe, Judge. Action by J. O. Middleton against W. A. Denson in assumpsit. Judgment for defendant, and plaintiff appeals. The verdict was justified 'by the evidence, and the finding of the trial court will not be disturbed, unless it appears plainly and palpably. Cobb v. Malone, 92 Ala. 635, 9 South. 738, and cases following it.
Read the full summary
Appeal from Circuit Court, Jefferson County; H. A. Sharpe, Judge. Action by J. O. Middleton against W. A. Denson in assumpsit. Judgment for defendant, and plaintiff appeals. The verdict was justified 'by the evidence, and the finding of the trial court will not be disturbed, unless it appears plainly and palpably. Cobb v. Malone, 92 Ala. 635, 9 South. 738, and cases following it. The trial court erred in the judgment rendered, and his'judgment is subject to revision by this court. Acts 1915, 824; lb. 940; 196 Ala. 405, 72 South. 52; 196 Ala. 424, 72 South. 54; 14 Ala; App. 98, 71 South. 976.
1DissentBricken, P. J.
This case was tried by the court without a jury, the lamented Judge Sharpe, of Birmingham, presiding. On the trial in the court below questions of fact only were involved, and the evidence of the only two material witnesses was in sharp conflict. It clearly appears that there was sufficient evidence to support the judgment rendered by tbe court, and therefore I cannot accord to the views of the majority of this court in reversing Said judgment. It has been expressly and repeatedly held that the statute providing that on appeal of a case tried by the court without a jury the appellate court…
2Cases cited10 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Andrews v. GreySupreme Court of Alabama · 1917
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Hatfield v. RileySupreme Court of Alabama · 1916
- Mulligan v. StateAlabama Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.