Supreme Court of Alabama, 1922

Sams v. Byars

Sams v. Byars
Supreme Court of Alabama · Decided May 11, 1922 · Anderson, McClellan, Thomas
93 So. 415; 207 Ala. 504; 1922 Ala. LEXIS 179 (Southern Reporter)

Sams v. Byars

Opinion of the Court

ANDERSON, C. J.

This appeal involves only one item of the appellee’s account, the genuineness of a certain receipt for $1,500, and as to which there was a conflict in the evidence. The evidence was ore tenus, or partly so, and the trial court saw and heard the witnesses, and its conclusion was like unto the verdict of a jury, and cannot he disturbed by this court, unless contrary to the great weight of evidence. We cannot say that the conclusion of the trial court was-contrary to the great weight of the evidence. It is questionable as to whether or not .there *505 'Is a sufficient insistence in brief of counsel as to the other assignments of error, but, conceding that there is, the trial court committed no error in respect thereto that could justify a reversal of this case.

Affirmed.

McClellan, somerville, and Thomas, JJ., concur.

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