Rentz v. Bridges
Decision Date | 09 May 1912 |
Citation | 59 So. 63,177 Ala. 616 |
Parties | RENTZ v. BRIDGES ET AL. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Tallapoosa County; A. E. Gamble, Judge.
Action between E. P. Rentz and B. B. Bridges and others. Judgment for Bridges and others, and Rentz appeals. Affirmed.
James W. Strother, of Dadeville, for appellant.
B. B. Bridges, of Dadeville, pro se.
The only error assigned is to the order of the trial court in granting a new trial. The rule of law as to reviewing orders of trial courts in granting or refusing new trials is well stated in Cobb v. Malone, 92 Ala. 630, 9 So. 738, which has been followed, cited, and quoted so much as to have almost if not quite acquired the force of a statute. The rule is there so well stated that we again quote it:
More harm might result from the reversal of the order granting a new trial, and affirming the judgment on the original trial, than from affirming the order for a new trial. We are not fully persuaded that the trial court erred in granting the new trial; but it is a very close question, and one in which we are inclined to follow the ruling of the trial court.
Affirmed.
All the Justices concur, except DOWDELL, C.J., not sitting.
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