Shaw Son v. Du Bose

76 So. 925, 200 Ala. 567, 1917 Ala. LEXIS 538

• Court: Supreme Court of Alabama
• Decided: November 29, 1917
• Docket: 5 Div. 677.
• Status: Published

Opinion

McCLELLAN, J.

This is an action to recover the statutory penalty for failure to enter on the margin of the record the satisfaction of a mortgage. Code, § 4898.. The appellee is the plaintiff, and the appellants the defendants. The court submitted the issues of fact to the jury, whereupon the jury returned a verdict in favor of the defendants. In response to motion for a new trial based, in substance/ upon* the idea that the verdict was contrary to the evidence, the court awarded a new trial. The rule established in this court is that:

“Decisions granting new trials will not be reviewed, unless the evidence plainly and palpably supports the verdict.” Cobb v. Malone, 92 Ala. 630, 635, 636, 9 South. 738, 740.

.So where a new 'trial is awarded on the stated ground, the question, in the appellate court, is whether the evidence “plainly and palpably” supported the verdict. A careful consideration of the conflicting evidence before the court cannot be here pronounced so strongly, plainly; palpably supportive of the verdict as to justify this court in reversing the action of the court in awarding a new trial.

Affirmed.

ANDERSON, C. J., and SAXRE and GARDNER, JJ., concur.