First Nat. Bank of Dothan v. Kirkland

Alabama Court of Appeals

First Nat. Bank of Dothan v. Kirkland

167 So. 334, 27 Ala. App. 141, 1936 Ala. App. LEXIS 69

CourtAlabama Court of Appeals

DecidedMarch 3, 1936

Docket4 Div. 104.

StatusPublished

Cited by1 cases

This text of 167 So. 334 (First Nat. Bank of Dothan v. Kirkland) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Nat. Bank of Dothan v. Kirkland, 167 So. 334, 27 Ala. App. 141, 1936 Ala. App. LEXIS 69 (Ala. Ct. App. 1936).

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Opinion

RICE, Judge.

There seems no question of law demanding solution by us on this appeal. This case was tried by the circuit court without a jury on evidence rendered, in controlling part, orally in the presence of the presiding judge on the trial, based upon a claim as to which there was dispute. Testimony for the appellee tended to support her claim.

“Although on appeals under those circumstances, it is provided by sections 8599, 9498, and 9502 [of the Code of 1923] that there shall be no presumption in favor of the judgment of the circuit court, this court has repeatedly held that' it will review the conclusions of fact reached by *142 the judge trying the case, when the evidence is given orally before him, only on the same basis that the verdict of a jury will be reviewed, when a' motion is made to set aside the verdict as being contrary to the weight of the evidence.” Thornhill v. Gulf Coast Produce Exchange, 219 Ala. 251, 121 So. 912, and cases cited in the opinion in same.

With the above-quoted rule to guide us (Code 1923, § 7318), it is apparent, here, that the judgment appealed from should be, and it is, affirmed.

Affirmed.

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RICE, Judge.

There seems no question of law demanding solution by us on this appeal. This case was tried by the circuit court without a jury on evidence rendered, in controlling part, orally in the presence of the presiding judge on the trial, based upon a claim as to which there was dispute. Testimony for the appellee tended to support her claim.

“Although on appeals under those circumstances, it is provided by sections 8599, 9498, and 9502 [of the Code of 1923] that there shall be no presumption in favor of the judgment of the circuit court, this court has repeatedly held that' it will review the conclusions of fact reached by *142 the judge trying the case, when the evidence is given orally before him, only on the same basis that the verdict of a jury will be reviewed, when a' motion is made to set aside the verdict as being contrary to the weight of the evidence.” Thornhill v. Gulf Coast Produce Exchange, 219 Ala. 251, 121 So. 912, and cases cited in the opinion in same.

With the above-quoted rule to guide us (Code 1923, § 7318), it is apparent, here, that the judgment appealed from should be, and it is, affirmed.

Affirmed.

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Bluebook (online)

167 So. 334, 27 Ala. App. 141, 1936 Ala. App. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-of-dothan-v-kirkland-alactapp-1936.

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