Opinion

Howell v. Moon

  • 217 Ala. 421
  • 116 So. 518
  • 1928 Ala. LEXIS 511
Court
Supreme Court of Alabama
Filed
Apr 12, 1928
Status
Published
Author
Anderson
On the bench
Anderson, Somerville, Thomas, Brown
Cited by
11 cases
Authority
More cited than 84.2%

The opinion

ANDERSON, O. J.

There are three assignments of error, but the first two are merely repeated in brief for appellant, and this does not amount to such an insistence or argument as to require the consideration of same. Western Union Co. v. Benson, 159 Ala. 273 , 48 So. 712 ; 5 Mayfield Digest, p. 32,

§

32.

The third assignment of error relates to the refusal of the trial court to grant a new trial. The case was tried by the court without a jury, and the evidence was ore

terms

and the conclusion reached was like unto the verdict of a jury, and will not be disturbed by this court, unless plainly contrary to the great weight of the evidence. The evidence was in sharp conflict as to where the line was between the parties and as to whether the defendant’s possession extended beyond the line. Moreover, it was agreed that the trial judge make an inspection of the premises which was done.

The judgment of the circuit court is affirmed.

Affirmed.

SOMERVILLE, THOMAS, and BROWN JJ, concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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