Clardy v. Walker
| Decision Date | 18 December 1901 |
| Citation | 132 Ala. 264,31 So. 78 |
| Parties | CLARDY v. WALKER. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Lamar county; S. H. Sprott, Judge.
Action by W. T. Walker against W. F. Clardy. From a judgment for defendant, plaintiff appeals. Affirmed.
Daniel Collier, for appellant.
Nesmith & Nesmith, for appellee.
There was no exception reserved to the action of the court in ordering the clerk to refund to the defendant the money which had been deposited by him upon the filing of his affidavit under the statute suggesting a claimant, after said affidavit, on motion of the plaintiff, had been stricken from the file.
The only other assignment of error is as to the giving of the affirmative charge requested by the defendant. The case was tried under the plea of the general issue. The bill of exceptions does not purport to set out all of the evidence. Under this state of the record, it has been repeatedly held by this court that the presumption will be indulged that there was other evidence which authorized and warranted the giving of the charge as requested. See Sanders v. Steen (Ala.) 29 So. 586, where the authorities are collated, and, in addition to the authorities there cited, see, also, Fleming v. Ussery, 30 Ala. 282.
Let the judgment of the circuit court be affirmed.
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... ... Otherwise stated, the burden is on the appellant to ... affirmatively show error. Sanders v. Steen, 128 Ala ... 633, 29 So. 586; Clardy v. Walker, 132 Ala. 264, 31 ... So. 78; Sanders v. Edmonds, 98 Ala. 157, 13 So. 505; ... Webb v. Ballard, 97 Ala. 584, 12 So. 106; ... Donaldson ... ...
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...prevail unless overturned by affirmative showing on the record to the contrary. Sanders v. Steen, 128 Ala. 633, 29 So. 586; Clardy v. Walker, 132 Ala. 264, 31 So. 78; Sanders v. Edmonds, 98 Ala. 157, 13 So. Webb v. Ballard, 97 Ala. 584, 12 So. 106; Donaldson v. Wilkerson, 170 Ala. 507, 54 S......
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...to ignore. See rule 32, Circuit Court Practice, Code of 1923 (vol. 4), p. 905; Lamar v. King, 168 Ala. 285, 53 So. 279; Clardy v. Walker, 132 Ala. 264, 31 So. 78; Sanders v. Steen, 128 Ala. 633, 29 So. Fleming v. Ussery, 30 Ala. 282; Mooneyham v. Herring, 210 Ala. 168, 97 So. 638; American ......
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Southern Ry. Co. v. Herron
... ... 415 SOUTHERN RY. CO. v. HERRON. No. 694Court of Appeals of AlabamaApril 20, 1915 ... Appeal ... from Circuit Court, Walker County; J.J. Curtis, Judge ... Actlon ... by Mary Herron, pro ami, against the Southern Railway ... Company. From a judgment for ... court in refusing the affirmative charge and in overruling ... the motion for a new trial. Clardy v. Walker, 132 ... Ala. 264, 31 So. 78; Sanders v. Steen, 128 Ala. 633, ... 29 So. 586; Fleming v. Ussery, 30 Ala. 282 ... No ... error ... ...