Bullard v. Williams

133 So. 2d 688, 272 Ala. 391, 1961 Ala. LEXIS 526
CourtSupreme Court of Alabama
DecidedJune 22, 1961
Docket8 Div. 27
StatusPublished
Cited by4 cases

This text of 133 So. 2d 688 (Bullard v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bullard v. Williams, 133 So. 2d 688, 272 Ala. 391, 1961 Ala. LEXIS 526 (Ala. 1961).

Opinion

COLEMAN, Justice.

This is a review, by certiorari, of a decision of the Court of Appeals wherein that court reversed a judgment of the circuit court which granted defendant’s motion for a new trial in an action at law.

[392]*392In an action for work and labor done by plaintiff for defendant under an agreement, and for money loaned by plaintiff to defendant, judgment was rendered for the plaintiff on the verdict of a jury. Defendant filed a motion for new trial which was granted. Plaintiff then appealed to the Court of Appeals. That court reversed the judgment granting a new trial, and reinstated the judgment for the plaintiff. Defendant asserts that the decision of the Court of Appeals is erroneous.

From the opinion of the Court of Appeals, we understand that the tendencies of plaintiff’s evidence are as follows: The defendant employed plaintiff to work in defendant’s garage for a wage of $200 per month. Plaintiff worked for defendant for approximately six weeks. Defendant paid plaintiff only $10 as wages. On a trip to Chicago, plaintiff loaned defendant $300 and defendant has not repaid the loan.

Testimony for defendant tended to show that he never had any agreement with plaintiff about working at the garage; that defendant entered into a partnership with plaintiff’s father; that the father agreed to furnish the garage building, clean used cars, and help to sell them; and that because the father could not render personal service to the partnership, he sent his son, the plaintiff, to perform the father’s duties to the partnership. Defendant denied that he received any money from plaintiff and defendant testified that he did not owe plaintiff any money.

Plaintiff’s evidence further tended to show that defendant did not enter into a partnership with plaintiff’s father, that defendant rented the garage building from plaintiff’s father and borrowed money from plaintiff’s father. After several weeks of operation, defendant quit the used car business to accept a job on the Boaz police force. There is other evidence concerning the operation and liquidation of defendant’s used car business. It appears that defendant has filed a suit in equity against plaintiff’s father.

The trial court heard testimony ore tenus on the motion for new trial. Looking to the record of the judgment entry, as we are permitted to do on this petition, Southern Building & Loan Ass’n v. Holmes, 227 Ala. 1, 149 So. 861, we find that the judgment granting the motion for new trial recites in pertinent part as follows:

“On this the 10th day of October, 1958, the foregoing motion being heard this day and understood by the Court, the Court is of the opinion justice would be best served by awarding a new trial in this case under all the circumstances.
“It is therefore considered, ordered and adjudged by the Court that the motion for a new trial be and the same is granted and the case restored to the docket for trial at the next term of Court at Albertville.”

The Court of Appeals concluded that the motion was not granted on the ground of insufficiency of the evidence; that, considered as an original proposition, the verdict was not so clearly against the weight and preponderance of the evidence as to warrant a new trial on that ground; that the evidence as to the alleged misconduct of a juror did not show such misconduct as to justify a new trial on that ground; and that the action of the trial court in admitting certain testimony by the witness, Rice, did not constitute prejudicial error. The Court of Appeals found no merit in the remaining grounds of the motion for new trial and did not discuss other grounds. Being of opinion that the motion for new trial was without merit, the Court of Appeals reversed the judgment granting the motion and rendered judgment for the plaintiff.

We are of opinion that the Court of Appeals erred in concluding that the motion for new trial was not granted on the ground that the verdict was contrary to the great preponderance of the evidence. The judgment entry recites that “the Court is of the opinion justice would be best served by [393]*393awarding a new trial in this case under all the circumstances.” The judgment makes no other reference to the court’s reason for granting a new trial or the grounds of the motion which the court considered well taken. We do not think it can be said that the judgment negated action upon the ground that the verdict was contrary to the great preponderance of the evidence.

In Cook v. Sheffield Co., 206 Ala. 625, 91 So. 473, 475, this court in reviewing the granting of a new trial decided that the judgment “negatived action upon” the ground that the verdict was contrary to the great preponderance of the evidence, and refused to indulge the presumption in favor of the action of the trial court which prevails when the judgment granting a new trial is referred to that ground. Reference to the record in Cook v. Sheffield Co., supra, discloses that the judgment granting a new trial in that case recited in pertinent part as follows:

“The Court is of the Opinion that the Court erred in overruling the demurrers to Count No. 16 of the Complaint and that the Supreme Court would reverse the trial court on said Ruling being of this opinion the Court deems it unnecessary to require the defendant to take an appeal to the Supreme Court and will sustain Defendant’s Motion to grant a new trial. The Plaintiff is given an exception to said ruling.” Supreme Court Record, Vol. 2736.

The judgment there clearly was placed on the ground of error in overruling the demurrer to Count 16, and rebutted any presumption that the judgment was placed on any other ground. Such is not the case here. The judgment of the trial court in the case at bar is placed on “all the circumstances.” Instead of placing the judgment on any single ground of the motion, that recital would seem to base the judgment on. all the grounds of the motion, and grounds 1 through 5 presented the question of the weight of the evidence. We are of opinion, therefore, that review of the judgment granting a new trial was due to be attended with the presumption which prevails when the granting of a new trial is based on the ground that the verdict was contrary to the great weight of the evidence.

“ * * * the decision of the trial court, refusing to grant a new trial on the ground of the insufficiency of the evidence, or that the verdict is contrary to the evidence, will not be reversed, unless, after allowing all reasonable presumptions of its correctness, the preponderance of the evidence against the verdict is so decided as to clearly convince the court that it is wrong and unjust. And decisions granting new trials will not be reversed, unless the evidence plainly and palpably supports the verdict * Cobb v. Malone & Collins, 92 Ala. 630, 635, 636, 9 So. 738, 740.

See also Hyde v. Norris, 250 Ala. 518, 35 So.2d 181; Martin v. Birmingham Southern R. Co., 250 Ala. 583, 35 So.2d 339; Camp v. Atlantic Coast Line R. Co., 251 Ala. 184, 36 So.2d 331; Lindsay Products Corp. v. Alabama Securities Corp., 247 Ala. 662, 25 So.2d 852; Mullinax v. Hufham, 269 Ala. 435, 113 So.2d 671.

As stated by the Court of Appeals, when the judgment entry is so obscure as not to clearly express the exact determination of the court, reference may be had to the pleadings and other proceedings for the purpose of ascertaining the exact determination of the court. Coffey v. Cross, 185 Ala. 86, 64 So. 95.

In Coffey v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Lawhorn
830 So. 2d 720 (Supreme Court of Alabama, 2002)
Bekins Van Lines v. Beal
418 So. 2d 81 (Supreme Court of Alabama, 1982)
Moon v. Cloud
248 So. 2d 708 (Supreme Court of Alabama, 1971)
Brown v. Brown
159 So. 2d 855 (Supreme Court of Alabama, 1964)

Cite This Page — Counsel Stack

Bluebook (online)
133 So. 2d 688, 272 Ala. 391, 1961 Ala. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bullard-v-williams-ala-1961.