Willis v. Excello Bottling & Ice Co.

81 So. 15, 202 Ala. 513, 1919 Ala. LEXIS 302

• Court: Supreme Court of Alabama
• Decided: February 13, 1919
• Docket: 4 Div. 690.
• Status: Published

Opinion

GARDNER, J.

This cause was tried upon oral testimony before the court without the intervention of a jury, and this appeal presents only the question as to whether or not the finding of the court below on tbe issues of fact should be disturbed. The evidence for the respective parties was in sharp conflict, and numerous witnesses were examined upon each side of the case. The trial judge had the witnesses before Mm and the advantage of observing their demeanor upon the stand, and, under the long-established rule in this court, under such circumstances, the presumption is in favor of the correctness of Ms ruling. Price v. Price, 199 Ala. 433, 74 South. 381.

We have given the evidence careful consideration, and are not persuaded that the finding of the court below should be disturbed. The judgment will accordingly be affirmed.

Affirmed.

ANDERSON, O. J., and McOLELLAN and SAYRE, JJ., concur.