Bank of Tallassee v. Elmore Fertilizer Co.
Alabama Court of Appeals
Appeal from Circuit Court, Elmore County; Gaston Gunter, Judge. Action by the Elmore Fertilizer Company against the Bank of Tallassee. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBricken, J.
There are several assignments of error, but all relate to the sole question presented for review, which is the action of the trial court in setting aside the verdict of the jury, and granting a new trial.
[1] On appeals of this character, the action of the lower court can only be reviewed by a bill of exceptions, and not upon the record proper, as the action of the court on motion for a new trial is no part of the record proper. Acts 1915, p. 722; Kreamer v. Jack son Lumber Co., 179 Ala. 225, 60 South. 88; Milner Coal & Iron Co. v. Wiggins, 143 Ala. 132, 38 South. 1010.
[2] The motion for new…
2Cases cited3 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Milner Coal & Railroad v. WigginsSupreme Court of Alabama · 1904
- Kreamer v. Jackson L. Co.Supreme Court of Alabama · 1912
3Cited by7 opinions
- Sanders v. StateSupreme Court of Alabama · 1943
- Mangino v. ToddAlabama Court of Appeals · 1923
- Storie v. StateCourt of Criminal Appeals of Alabama · 1980
- Honigsberg v. New York City Transit AuthorityCivil Court of the City of New York · 1964
- Klein v. EichenNew York Supreme Court · 1970
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