Brewton v. Young
Brewton v. Young
Opinion
Raymond and Joan Young filed this nuisance action, alleging that Mabel Brewton and Lillian Madison had a large number of dogs on their property, and that the barking and smell associated with the dogs prevented the Youngs from the enjoyment of their property. The trial Court entered a judgment enjoining Brewton and Madison from having more than five dogs on their property at one time. Brewton and Madison appeal. We affirm.
The evidence in this case was presented ore tenus; therefore, our standard of review is as follows:
Clark v. Albertville Nursing Home, Inc.,"Under the 'ore tenus rule,' a presumption of correctness accompanies the trial court's judgment when it has made findings of fact based on oral testimony without a jury, and its judgment will not be reversed unless it is shown to be plainly and palpably wrong, considering all of the evidence and all inferences that can be logically drawn from the evidence. King v. Travelers Ins. Co.,
513 So.2d 1023 (Ala. 1987); McCrary v. Butler,540 So.2d 736 (Ala. 1989). The trial court's judgment in such a case will be affirmed, if, under any reasonable aspect of the testimony, there is credible evidence to support the judgment. McCrary v. Butler, supra; Jones v. Jones,470 So.2d 1207 (Ala. 1985)."
The trial court found that the dogs constituted a nuisance and enjoined Brewton and Madison from maintaining more than five dogs at their residence. In light of the evidence presented in the record, we do not consider the judgment of the trial court to be plainly and palpably wrong. Therefore, the judgment is affirmed.
AFFIRMED.
HORNSBY, C.J., and ALMON, STEAGALL and INGRAM, JJ., concur.
Reference
- Full Case Name
- Mabel Brewton and Lillian Madison v. Raymond Young and Joan Young.
- Cited By
- 1 case
- Status
- Published