McCarty v. Yarbrough

137 So. 913, 223 Ala. 702
CourtSupreme Court of Alabama
DecidedOctober 15, 1931
Docket6 Div. 890.
StatusPublished
Cited by1 cases

This text of 137 So. 913 (McCarty v. Yarbrough) 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
McCarty v. Yarbrough, 137 So. 913, 223 Ala. 702 (Ala. 1931).

Opinion

ANDERSON, C. J.

This case, upon former appeal, is reported 221 Ala. 330, 128 So. 786, wherein the equity of the bill was sustained, and the only question involved upon this appeal is one of fact. It is sufficient to say that there was evidence offered in support of the material averments of the bill of complaint. The evidence was ore tenus, and the trial court saw and heard the witnesses, and we cannot say that the conclusion reached was so contrary to the weight of the evidence as to warrant this court in disturbing the decree of the circuit court, and said decree is affirmed. Fitzpatrick v. Stringer, 200 Ala. 574, 76 So. 932.

Affirmed.

THOMAS, BROWN, and FOSTER, JJ., concur.

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Related

Hollingsworth v. Rutledge
183 So. 656 (Supreme Court of Alabama, 1938)

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Bluebook (online)
137 So. 913, 223 Ala. 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarty-v-yarbrough-ala-1931.