Chandler & Jones v. Crossland
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the lion. A. D. Sayre. This was an action of detinue brought by the appellees, Nannie S. Crossland and W. A. Crossland, against ■“Willis L. Chandler and T. L. Jones, partners in ■trade under the name of Chandler & Jones,” and sought •■to recover specifically described articles of jewelry, watches, diamonds, silver and plated ware.
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Appeal from the City Court of Montgomery. Tried before the lion. A. D. Sayre. This was an action of detinue brought by the appellees, Nannie S. Crossland and W. A. Crossland, against ■“Willis L. Chandler and T. L. Jones, partners in ■trade under the name of Chandler & Jones,” and sought •■to recover specifically described articles of jewelry, watches, diamonds, silver and plated ware. The cause was tried by the court without the intervention of a jury under an agreement between the parties in writing, without a trial by jury, and requested á special finding of the facts: Upon the introduction…
1Opinion of the CourtHaralson, J.
1. The cause was tried by the court Avithout the intervention of a jury; the parties by their attorneys of record having filed an agreement *182In writing with the clerk, waiving a jury, and requesting a special finding on the facts. The judge made his ¡special finding, and it is set out in the transcript. If parties-by their written agreement merely waive a jury, it is provided by statute, “the finding of the court upon •the facts shall have the same effect as the verdict of a jury.” — Code, § 33l9.
¡Section 3320 provides, that if a special finding is requested, the court must state in writing…
2Cases cited4 opinions
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Quillman v. GurleySupreme Court of Alabama · 1888
- Brock v. Louisville & Nashville RailroadSupreme Court of Alabama · 1898
3Cited by15 opinions
- Alabama & Georgia Lumber Co. v. TisdaleSupreme Court of Alabama · 1903
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
- American Cast-Iron Pipe Co. v. Birmingham Tailoring Co.Alabama Court of Appeals · 1918
- Western Union Telegraph Co. v. White & Co.Supreme Court of Alabama · 1900
- Germania Fire Ins. Co. v. KitchensSupreme Court of Alabama · 1918
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