American Cast-Iron Pipe Co. v. Birmingham Tailoring Co.

• Decision Date: 12 November 1918
• Docket Number: 6 Div. 430
• Citation: 80 So. 157,16 Ala.App. 583
• Parties: AMERICAN CAST-IRON PIPE CO. v. BIRMINGHAM TAILORING CO.
• Court: Alabama Court of Appeals

80 So. 157

16 Ala.App. 583

AMERICAN CAST-IRON PIPE CO. v. BIRMINGHAM TAILORING CO.

6 Div. 430

Court of Appeals of Alabama

November 12, 1918

Appeal from Circuit Court, Jefferson County; C.B. Smith, Judge.

Action in assumpsit by the Birmingham Tailoring Company against the American Cast-Iron Pipe Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

The basis of the suit is an assignment by Jim Sadler of wages to be earned between the last day of May and the 5th day of June, 1915, the amount being $5.50, and contains an order to defendant to pay same to plaintiff. The findings set out are in effect that the assignment was given for the amount and on the date set out; that the assignment was given for the price of a coat bought by Sadler from plaintiff, Sadler agreeing at the time that the assignment should be given; that the assignment was delivered to defendant's cashier before the pay envelopes were made up, and that after examining the assignment and the books of the company he said, "It is here," and took said assignment, but that later an officer of defendant brought the assignment to plaintiff's place of business, tearing it up, and stating to plaintiff that they could not get anything on its except by order of the court; that Jim Sadler had been working at defendant's place prior to the giving of the assignment and subsequent thereto; and that plaintiff had never received any money on the assignment, or from Jim Sadler.

David J. Davis, of Birmingham, for appellant.

R.D Coffman, of Birmingham, for appellee.

SAMFORD J.

Upon the trial the defendant requested the court, before whom the case was being tried without a jury, to make a special finding of facts, under section 5360 of the Code of 1907. Where this is done the appellate court will not examine into the extrinsic facts, to see whether or not from the evidence introduced the facts were correctly found by the court; but in reviewing the judgment the appellate court will be confined to determining whether or not, upon the facts found and set forth in the special finding, the trial court rendered the proper judgment. Chandler & Jones v Crossland, 126 Ala. 176, 28 So. 420; Johnson v McFry, 13 Ala.App. 619, 68 So. 718. The finding of facts by the court is designed to take the place of the verdict of a jury, and the mere recital in the court's special finding of facts of certain circumstances pointing to a...