Clay v. City Council
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The appeal in this case is prosecuted by the plaintiff in the court below from a judgment of the circuit court overruling a motion by the plaintiff for a new trial.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The appeal in this case is prosecuted by the plaintiff in the court below from a judgment of the circuit court overruling a motion by the plaintiff for a new trial. The action was brought by J. 0. Clay, as administrator of the estate of Kate Olay, deceased, against the city of Montgomery, to recover damages for the death of the plaintiff’s intestate, which was alleged to have been caused by the negligence of the city. There was judgment for the defendant, and the plaintiff moved for a new trial on the following…
1Opinion of the CourtStone, C. J.
The transcript fails to show any exceptions reserved pending the trial. In fact, it fails to show any of the testimony that was adduced on the trial, nor does it set forth any of the rulings of the court that were made pending the introduction of the testimony, or in charging the jury. Hence there is no complaint of any action of the court, save the order overruling the motion to set aside the verdict, and to grant a new trial. The testimony bearing on the merits of the suit and the court’s charge being omitted from the record, our labors are limited to the inquiry, did the circuit court err…
2Cases cited3 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Barlow v. StateIndiana Supreme Court · 1827
3Cited by28 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Leith v. StateSupreme Court of Alabama · 1921
- Whitten v. Allstate Ins. Co.Supreme Court of Alabama · 1984
- Hall v. StateSupreme Court of Alabama · 1901
- McNair v. StateCourt of Criminal Appeals of Alabama · 1997
23 more not listed; retrieve them via the Exa API.