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Thornhill v. Gulf Coast Produce Exchange

Thornhill v. Gulf Coast Produce Exchange.

Thornhill v. Gulf Coast Produce Exch., 121 So. 912 (Ala. 1929)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
April 18, 1929
Docket
No. 1 Div. 543.
Judges
Foster, Anderson, Gardner, Bouldin
Citations
121 So. 912219 Ala. 2511929 Ala. LEXIS 160

Opinion of the Court — Foster

FOSTER, J.

This case was tried by the circuit court without a jury on evidence rendered orally in the presence of the presiding judge on the trial, based upon an account, as to which there was much dispute. Upon such evidence, the court rendered a judgment for appellee.

Although on appeals under those circumstances, it is provided by sections 8599, 9498,. and 9502 that there shall be no presumption in favor of the judgment of the circuit court, this court has repeatedly held that it will review the conclusions of fact reached by the judge trying the case, when the evidence is given orally before him, only on the same basis that the verdict of a jury will be reviewed, when a motion is made to set aside the verdict as being contrary to the weight of the evidence. The same principles apply to equity cases heard on such evidence. Section 10276; Hamilton v. Watson, 215 Ala. 550 , 112 So. 115 ; Smith v. Allen, 215 Ala. 652 , 112 So. 224 ; McSwean v. McSwean, 204 Ala. 663 , 86 So. 646 ; Christie v. Durden, 205 Ala. 571 , 88 So. 667 ; Gray v. Handy, 204 Ala. 559 , 86 So. 548 .

There is no principle of law involved, necessary to consider on this appeal. There was ample evidence to justify the finding by the court, and we cannot say it was contrary to the weight of the evidence, nor particularly against its great weight.

The judgment of the circuit court is affirmed.

Affirmed.

ANDERSON, C. X, and GARDNER and BOULDIN, JJ., concur.

How later courts describe this case

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

Cited by 13 cases

View all citing references →
1931: 11933: 11935: 11936: 11939: 21943: 11945: 11946: 11951: 11973: 12004: 12011: 119312026peak 1939 · 2

Relies on it most ⓘ

  1. Ex Parte Foshee21 So. 2d 827 (Ala. 1945)
  2. Lewis v. Ebersole12 So. 2d 543 (Ala. 1943)
  3. Schoenvogel v. Venator Group Retail, Inc.895 So. 2d 225 (Ala. 2004)
  4. First Nat. Bank of Stevenson v. Crawford149 So. 230 (Ala. Ct. App. 1933)
  5. City of Decatur v. Poole189 So. 743 (Ala. 1939)
  6. Stephens v. State278 So. 2d 245 (Ala. Crim. App. 1973)

Most recent

  1. M.L.H. v. State99 So. 3d 894 (Ala. Civ. App. 2011)
  2. Schoenvogel v. Venator Group Retail, Inc.895 So. 2d 225 (Ala. 2004)
  3. Stephens v. State278 So. 2d 245 (Ala. Crim. App. 1973)
  4. Shaw v. Bailey55 So. 2d 132 (Ala. Ct. App. 1951)
  5. Culverhouse v. Glenn25 So. 2d 719 (Ala. 1946)
  6. Ex Parte Foshee21 So. 2d 827 (Ala. 1945)

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 5

DepthCaseCited by
Christie v. Durden, 88 So. 667 (Ala. 1921) 40
Gray v. Handy, 86 So. 548 (Ala. 1920) 27
Hamilton v. Watson, 112 So. 115 (Ala. 1927) 16
McSwean v. McSwean, 86 So. 646 (Ala. 1920) 13
Smith v. Allen, 112 So. 224 (Ala. 1927) 2

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