Cobb v. Malone
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the FIou. Jesse M. Carmichael. This action was brought by the appellant, A. A. Oohh, against the appellees, Malone & Collins; and sought to recover damages for the alleged wrongful conversion by the defendants of one hale of cotton, upon which the plaintiff alleged he had a lien.
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Appeal from the Circuit Court of Lee. Tried before the FIou. Jesse M. Carmichael. This action was brought by the appellant, A. A. Oohh, against the appellees, Malone & Collins; and sought to recover damages for the alleged wrongful conversion by the defendants of one hale of cotton, upon which the plaintiff alleged he had a lien. Upon the trial of the case, as is shown by the bill of exceptions, the plaintiff based his claim to the cotton, alleged to have been converted by the defendants, upon the ground that be had taken a mortgage fróm one Crutchfield to secure his indebtedness to plaintiff…
1Opinion of the CourtClopton, J.
The act of February 16, 1891, “to allow appeals to the Supreme Court from decisions of the City *632and Circuit Courts in this State, granting or refusing to grant motions for new trials,” was intended to abrogate the rule, which has prevailed from the organization of the court, that the grant or refusal of a hew trial is not revisable, and could not be assigned for error; and to lay the foundation for a review of the facts by appeal from the order on tire motion for a new trial. The present appeal is taken directly from the decision of the court refusing to grant a new trial. The reasons stated…
2Cases cited4 opinions
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- Peck v. ThompsonMississippi Supreme Court · 1852
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- Fuller v. StateSupreme Court of Alabama · 1959
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
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