Opinion

Wainwright v. Anderton

  • 218 Ala. 623
  • 119 So. 861
  • 1929 Ala. LEXIS 23
Court
Supreme Court of Alabama
Filed
Jan 24, 1929
Status
Published
Author
Thomas
On the bench
Thomas, Anderson, Sayre, Brown
Cited by
2 cases
Authority
More cited than 65.4%

The opinion

THOMAS, J.

The appeal is from an order granting a new trial where the evidence was in sharp conflict. That ruling and judgment was by the judge, who heard the oral examination of the witnesses. The same inference and-presumption in favor of this ruling or action in granting the new trial is indulged as in a case where the motion for a new trial is refused. Walker v. St. Louis-San F. R. Co., 214 Ala. 492 , 108 So. 388 ; Ex parte Landers, 214 Ala. 20 , 106 So. 225 ; Cobb v. Malone, 92 .Ala. 630, 9 So. 738 ; Nobles v. Bank of Eclectic, 217 Ala. 124 , 115 So. 13 .

We have carefully examined the evidence, and it is “not s.o manifestly and palpably in favor of the verdict” as to “justify reversal of the order granting a new trial.” Smith v. Tombigbee & Northern R. Co., 141 Ala. 332 , 37 So. 389 ; Ex parte Landers, 214 Ala. 20 , 106 So. 225 .

The judgment of the circuit court is affirmed.

ANDERSON, C. J., and SAYRE 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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