Hardie Sales Co. v. Astrachan

BROWN, Justice.

This case came to the Court of Appeals, 196 So. 134, through “appeal by certiorari,” aided by bill of exceptions containing the evidence. Woodward Iron Co. v. Bradford, 206 Ala. 447, 90 So. 803; Bessemer Engineering & Construction Co. v. Smith, 216 Ala. 348, 113 So. 290; Exchange Distributing Co. v. Oslin, 229 Ala. 547, 158 So. 743.

The Court of Appeals finds as a fact that the finding of fact by the circuit court embodied in the “statement of the law and facts and conclusions as determined by-said judge,” required by § 7578 of the Code 1923, as restated in the opinion of the…