Supreme Court of Alabama, 1883

Toon v. Finney

Supreme Court of Alabama · Decided December 15, 1883 · Somebyille

74 Ala. 343

Cases that cite this one

7 later published cases cite this decision.

Wilkerson v. Sorsby (Ala. 1922)
Northwestern Rug Mfg. Co. v. Russellville Furniture & Mercantile Co. (Ala. Ct. App. 1928)
McPherson v. Hood (Ala. 1915)
Barton v. Charter Gas Engine Co. (Ala. 1907)
Jordan v. Hardie (Ala. 1901)
Wood v. Wood (Ala. 1898)
Winter v. City Council (Ala. 1885)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.