Stokes v. Hinton
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by W. C. Hinton against J. T. Stokes. A judgment for defendant was set aside, and a new trial granted, from which order defendant appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by W. C. Hinton against J. T. Stokes. A judgment for defendant was set aside, and a new trial granted, from which order defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts April 18, 1911. The suit began in the justice court, where there was judgment for plaintiff, and defendant brought an appeal, and upon the trial in the city court certain evidence as to the date when the house was standing and the timbers thereof had not been removed was offered by defendant contrary to and in addition…
1Opinion of the Court
THOMAS, J.(1) The appeal is taken from a judgment granting a new trial, rendered on April 16, 1915. The amended statute, therefore, has no application to this appeal. — Gen. Acts 1915, p. 722.
(2-5) The rule declared by this court for presenting for review the judgment of the trial court granting or refusing a motion for a new trial is as follows: (1) Where the motion is overruled, no right is disturbed and no formal judgment on the motion is necessary. In such case, the ruling of the court denying the motion must be shown by the bill of exceptions, together with the fact that exception was…
2Cases cited6 opinions
- Ex parte DoakSupreme Court of Alabama · 1914
- Lee v. FoleySupreme Court of Louisiana · 1904
- Southern Railway Co. v. NelsonSupreme Court of Alabama · 1906
- Irby v. KaiglerAlabama Court of Appeals · 1912
- Kreamer v. Jackson L. Co.Supreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Windom v. StateAlabama Court of Appeals · 1922
- Alabama Gas Co. v. JonesSupreme Court of Alabama · 1943
- Smith v. YearwoodSupreme Court of Alabama · 1916
- Birmingham Waterworks Co. v. JusticeSupreme Court of Alabama · 1920
7 more not listed; retrieve them via the Exa API.