Toon v. Finney

Supreme Court of Alabama

Toon v. Finney

74 Ala. 343

CourtSupreme Court of Alabama

DecidedDecember 15, 1883

StatusPublished

Cited by7 cases

This text of 74 Ala. 343 (Toon v. Finney) 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

Toon v. Finney, 74 Ala. 343 (Ala. 1883).

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Opinion

SOMEBYILLE, J.

— The present case seems to have been submitted to the chancellor, and decided by him, upon the pleadmgs and proof , the proof consisting of a very large number of depositions. These depositions have all been omitted from the record, and in their absence we are bound to presume [344]*344in favor of the correctness of the chancellor’s decree dismissing the bill. The presumption is, that the allegations of the appellant’s bill were not sustained by the proof; and the decree is accordingly affirmed.

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SOMEBYILLE, J.

— The present case seems to have been submitted to the chancellor, and decided by him, upon the pleadmgs and proof , the proof consisting of a very large number of depositions. These depositions have all been omitted from the record, and in their absence we are bound to presume [344]*344in favor of the correctness of the chancellor’s decree dismissing the bill. The presumption is, that the allegations of the appellant’s bill were not sustained by the proof; and the decree is accordingly affirmed.

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Bluebook (online)

74 Ala. 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toon-v-finney-ala-1883.

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