Clardy v. Walker

Supreme Court of Alabama

Clardy v. Walker

31 So. 78, 132 Ala. 264, 1901 Ala. LEXIS 191

CourtSupreme Court of Alabama

DecidedDecember 18, 1901

StatusPublished

Cited by31 cases

This text of 31 So. 78 (Clardy v. Walker) 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.

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Clardy v. Walker, 31 So. 78, 132 Ala. 264, 1901 Ala. LEXIS 191 (Ala. 1901).

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Opinion

DOWDELL, J.

— There was no exception reserved to the action of the court in ordering the clerk to refund to the defendant the money which had been deposited by him upon the filing of his affidavit under the statute suggesting a claimant, after said affidavit, on motion of the plaintiff, had been stricken from the file.

The only other assignment of error is as to the giving of the affirmative charge requested by the defendant. The case was tried under the plea of the general issue. The bill of exceptions does not purport to set out all of the evidence. Under this state of the record, it has been repeatedly held by this court that the presumption will be indulged that there was other evidence ivhich authorized and warranted the giving of the charge as requested. See Sanders v. Steen, 128 Ala. 633, where the authorities are collated, and in addition to the authorities there cited see also Fleming v. Ussery, 30 Ala. 282. Let the judgment of the circuit court be affirmed.

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DOWDELL, J.

— There was no exception reserved to the action of the court in ordering the clerk to refund to the defendant the money which had been deposited by him upon the filing of his affidavit under the statute suggesting a claimant, after said affidavit, on motion of the plaintiff, had been stricken from the file.

The only other assignment of error is as to the giving of the affirmative charge requested by the defendant. The case was tried under the plea of the general issue. The bill of exceptions does not purport to set out all of the evidence. Under this state of the record, it has been repeatedly held by this court that the presumption will be indulged that there was other evidence ivhich authorized and warranted the giving of the charge as requested. See Sanders v. Steen, 128 Ala. 633, where the authorities are collated, and in addition to the authorities there cited see also Fleming v. Ussery, 30 Ala. 282. Let the judgment of the circuit court be affirmed.

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Bluebook (online)

31 So. 78, 132 Ala. 264, 1901 Ala. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clardy-v-walker-ala-1901.

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