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Bickley v. Murdock

Bickley v. Murdock.

Bickley v. Murdock, 85 So. 461 (Ala. 1920)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
April 15, 1920
Docket
No. 8 Div. 245.
Judges
Thomas, Anderson, Meclellan, Somerville
Citations
85 So. 461204 Ala. 1921920 Ala. LEXIS 81
Disposition
Affirmed.
Headnotes
Appeal and error &wkey;> 1008(1) — Finding of fact by court on oral evidence has force of verdict. Where judgment was based on the decision of a question of fact, and where the witnesses were examined orally before the court and the judge had the benefit of observing their manner and demeanor and a better opportunity of passing upon the credibility of the testimony than the appellate court, the finding of the court has the force of a verdict by a jury.
Summary
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Assumpsit by A. J. Murdock against W. H. Bickley to recover commissions on the sale of real property. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts. 1911, p. 450, § 6. The facts sufficiently appear from the opinion of the court. Counsel discuss the evidence, with the insistence that the court rendered an improper judgment; but they cite no authorities in support of same. Counsel discuss the evidence, but cite no authority.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Thomas

THOMAS, J.

The suit was for commissions on sales of real property. The judgment was for plaintiff. No question of law is presented. The decision must rest on a question of fact. The record shows that the witnesses were examined orally before the court, and the judge had the benefit of observing their- manner and demeanor and the better opportunity to pass upon the credibility of the testimony. His finding has the force of a verdict by a jury. Hackett v. Cash, 196 Ala. 403 , 72 South. 52 ; Finney v. Studebaker Corp., 196 Ala. 422 , 72 South. 54 ; Andrews v. Grey, 74 South. 62 ;

1

Cole v. A. G. S. R. R. Co., 201 Ala. 193 , 77 South. 719 ; Veid v. Roberts, 200 Ala. 576 , 76 South. 934 ; Ray v. Watkins, 203 Ala. 683 , 85 South. 25 .

The court had the witnesses before him, and after hearing and considering their testimony found that plaintiff had brought' about the sales in question and was entitled to the commissions in the sum indicated. There are tendencies of the evidence to support such judgment. Having examined the record,- we are of opinion that the judgment rendered should be affirmed.

Affirmed.

ANDERSON, C. J., and MeCLELLAN and SOMERVILLE, JJ., concur.

1

199 Ala. 152 ,

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11948: 11954: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. Alabama Mills, Inc. v. Brand38 So. 2d 574 (Ala. 1948)
  2. Dicks v. McAllister100 So. 631 (Ala. Ct. App. 1924)
  3. Robins Transfer Co. v. Lewis74 So. 2d 247 (Ala. 1954)

Most recent

  1. Robins Transfer Co. v. Lewis74 So. 2d 247 (Ala. 1954)
  2. Alabama Mills, Inc. v. Brand38 So. 2d 574 (Ala. 1948)
  3. Dicks v. McAllister100 So. 631 (Ala. Ct. App. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Hackett v. Cash, 72 So. 52 (Ala. 1916) 145
Andrews v. Grey, 74 So. 62 (Ala. 1917) 70
Finney v. Studebaker Corp. of Am., 72 So. 54 (Ala. 1916) 65
Ray v. Watkins, 85 So. 25 (Ala. 1920) 38
Veid v. Roberts, 76 So. 934 (Ala. 1917) 18
Cole v. Ala. Great Southern R. Co., 77 So. 719 (Ala. 1918) 4

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