Wainwright v. Anderton

The appeal is from an order granting a new trial where the evidence was in sharp conflict. That ruling and judgment was by the judge, who heard the oral examination of the witnesses. The same inference and-presumption in favor of this ruling or action in granting the new trial is indulged as in a case where the motion for a new trial is refused. Walker v. St. Louis-San F. R. Co., 214 Ala. 492, 108 So. 388; Ex parte Landers, 214 Ala. 20, 106 So. 225; Cobb v. Malone, 92 .Ala. 630, 9 So. 738; Nobles v. Bank of Eclectic, 217 Ala. 124, 115 So. 13.

We have carefully examined the evidence, and it is…