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17 Ala. App. 216

84 So 547

Jackson v. Hagin

Alabama Court of Appeals

Decided October 28, 1919

Alabama Court of Appeals · decided 1919-10-28

J. Martin, Judge. Assumpsit by J. T. Hagin against S. A. Jackson. Judgment for plaintiff, and defendant appeals. The contest was over whether the note was given to take up a note due by the defendants to the First National Bank, or whether it was given in consideration of the sale of beer and whisky to one of the defendants by tbe plaintiff, which was unlawful in that county at that time.

Cited by 4 later decisions — most recently February 1948

4 state decisions

Relies on Hackett v. Cash · Finney v. Studebaker Corp. of America

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1919-10-28

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BRICKEN, J.

¶1 This was a suit upon a promissory note, and was tried by the 'court without the intervention of a jury. Judgment was rendered by the court in favor of appellee, plaintiff in the court below, and the rendition of this judgment is made the basis of the assignment of error.

¶2 The evidence in this case as shown by the record was in sharp conflict. The court below saw and heard the witnesses, and had the opportunity of observing their demeanor on the stand and in considering and weighing the evidence. The evidence warranted the court in its conclusion, and the judgment of the court will remain undisturbed; the rule being, not to disturb tbe conclusion of the trial court, sitting without a jury, unless the conclusion reached is plainly contrary to the great weight of the evidence. Hackett v. Cash, 196 Ala. 403, 72 South. 52; Finney v. Studebaker Corp., 196 Ala. 422, 72 South. 54.

¶3 The judgment of the lower court is affirmed.

¶4 Affirmed.

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