Peyton v. Lewis
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before 1-Ion. C. B. Smith. Action by Mrs. Maud Peyton against Dr. F. P. Lewis. Judgment for plaintiff, and from an order granting a new trial and setting aside the verdict, plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before 1-Ion. C. B. Smith. Action by Mrs. Maud Peyton against Dr. F. P. Lewis. Judgment for plaintiff, and from an order granting a new trial and setting aside the verdict, plaintiff appeals. The specifications of grounds in a motion for new trial is a waiver of others. ■ — McCarver v. Jiersberg, 135 Ala. 549; Bank of Dothan v. Wilks, 132 Ala. 573; 26 Cyc. 949. A motion for a new tidal directed to the judgment and not to the verdict is fatally defective. — 29 Cyc. 953-4, and cases cited. The verdict is supported by the law. — Carpenter v. Walker, 170…
1Opinion of the CourtWalker, P. J.
The only matter presented for review is the action of the trial court in setting aside the *362verdict, and granting a new trial. One of the grounds assigned in the motion for a new trial was “that the verdict and judgment were contrary to the great weight of the evidence in said cause.” The order made on the motion does not disclose upon what ground it Avas granted. If it can be affirmed that it was not improperly granted upon any ground assigned, the judgment cannot be reversed. — Smith v. Tombigbee & Northern Ry. Co., 141 Ala. 332, 37 South. 389.
It is an established rule governing the revieAV…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Merrill v. Brantley & Co.Supreme Court of Alabama · 1901
- Smith v. Tombigbee & Northern Ry. Co.Supreme Court of Alabama · 1904
3Cited by4 opinions
- Crumpton v. Pilgrim Health & Life Ins. Co.Alabama Court of Appeals · 1950
- Riley v. SrofeAlabama Court of Appeals · 1950
- Wood v. Empire Laundry Co.Alabama Court of Appeals · 1915
- Ingram Land Co. v. TubbAlabama Court of Appeals · 1921