Fitts & Son v. Bryan
Supreme Court of Alabama
Appeal from Choctaw Circuit Court. Heard before Hon. John T. Lackland. Fitts & Son recovered a. judgment of John O. Bryan, which on motion ivas set aside and a. new trial ordered. From the order granting a new trial Fitts & Son appeal.
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Appeal from Choctaw Circuit Court. Heard before Hon. John T. Lackland. Fitts & Son recovered a. judgment of John O. Bryan, which on motion ivas set aside and a. new trial ordered. From the order granting a new trial Fitts & Son appeal. As to the granting ol a new trial on the motion made in this case see Rule 2, p. 1518, Code 1907; 25 Ala. 95; 81 Ala. 94. The failure to secure the information does not comply with the rule of newly discovered evidence. — 114 Ala. 336; 108 Ala. 21. No brief came to the Reporter.
1Opinion of the CourtSimpson, J.
This is an appeal from the judgment of the court granting a new trial on motion. At the spring term of the circuit court a judgment on the verdict of a. jury was rendered in favor of the plaintiffs in the case of W. F. Fitts & Son et al. v. John C. Bryan (the appellee). The judgment entry shows that at said spring term, 1909, came the defendant and moved the court to set aside the judgment and grant a new trial, setting out the grounds on which the motion was made, and signed by the attorneys for the motion. In fact, this entry seems to be a copy of the motion, and it is marked, “Filed March…
2Cases cited2 opinions
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Traub v. FabianSupreme Court of Alabama · 1909
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