Mitchell v. Kinney

THOMAS, Justice.

The several assignments of error challenge the finding of facts and the judgment rendered thereon. There were several rulings by the trial court, in excluding and admitting evidence against objection by respective parties, that will be considered later.

It will be noted that a material part of the testimony was taken ore tenus before the trial judge. Plis findings and judgment, under the rule that obtains in this jurisdiction, will not be disturbed on appeal unless palpably wrong. Andrews v. Grey, 199 Ala. 152, 74 So. 62; Hodge v. Joy, 207 Ala. 198, 92 So. 171; Pate v. Pate,…