Alabama Dry Dock & Shipbuilding Co. v. Ward

CARR, Judge.

This is an appeal from a judgment rendered by the court below in favor of the plaintiff. The case was tried by the judge without a jury.

Upon abundant authority it has been consistently held that, when the court tries a case without the aid of a jury, its finding of facts has the force and effect of the verdict of a jury based on the same evidence. Halle v. Brooks, 209 Ala. 486, 96 So. 341; Reid v. McElderry, 10 Ala.App. 472, 65 So. 421; Christie v. Durden, 205 Ala. 571, 88 So. 667. See, also, Hackett v. Cash, 196 Ala. 403, 72 So. 52.

Appellee claims against appellant in a number of…