Southern Mutual Ins. v. Holcombe's Administrator

Supreme Court of Alabama
Southern Mutual Ins. v. Holcombe's Administrator, 35 Ala. 327 (Ala. 1859)
Walker

Southern Mutual Ins. v. Holcombe's Administrator

Opinion of the Court

A. J. WALKER, O. J.

The bill of exceptions, after a statement of evidence, says, that “ thereupon" the court rejected the appellant’s claim. Adopting the construction less favorable to the appellant, we cannot regard this as an assertion that the bill of exceptions contains all the evidence upon which the court acted; and consequently, we cannot affirm that there was error in the rejection oí the appellant’s claim. — Keep v. Kelly & Levin, 29 Ala. 322 ; Bradley v. Andress, 30 Ala. 80 ; Lovett v. Chisolm, 30 Ala. 88; Stein v. Feltheimer, 31 Ala. 57.

The decree of the court below is affirmed.

Reference

Full Case Name
SOUTHERN MUTUAL INS. CO. v. HOLCOMBE'S ADMINISTRATOR
Cited By
11 cases
Status
Published