Sams v. Byars

93 So. 415, 207 Ala. 504, 1922 Ala. LEXIS 179

• Court: Supreme Court of Alabama
• Decided: May 11, 1922
• Docket: 6 Div. 667.
• Status: Published

Opinion

ANDERSON, C. J.

This appeal involves only one item of the appellee’s account, the genuineness of a certain receipt for $1,500, and as to which there was a conflict in the evidence. The evidence was ore tenus, or partly so, and the trial court saw and heard the witnesses, and its conclusion was like unto the verdict of a jury, and cannot he disturbed by this court, unless contrary to the great weight of evidence. We cannot say that the conclusion of the trial court was-contrary to the great weight of the evidence. It is questionable as to whether or not .there 'Is a sufficient insistence in brief of counsel as to the other assignments of error, but, conceding that there is, the trial court committed no error in respect thereto that could justify a reversal of this case.

Affirmed.

McClellan, somerville, and Thomas, JJ., concur.