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217 Ala. 421

116 So 518

Howell v. Moon

Supreme Court of Alabama

Decided April 12, 1928

Supreme Court of Alabama · decided 1928-04-12

Relies on Western Union Telegraph Co. v. Benson

Good law ✅— No negative treatment on recordhow we know

Decided 1928-04-12

How this case has been cited

Cited by 20 later decisions — most recently January 1965

20 state decisions

9019281930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ANDERSON, O. J.

¶1 There are three assignments of error, but the first two are merely repeated in brief for appellant, and this does not amount to such an insistence or argument as to require the consideration of same. Western Union Co. v. Benson, 159 Ala. 273, 48 So. 712; 5 Mayfield Digest, p. 32, § 32.

¶2 The third assignment of error relates to the refusal of the trial court to grant a new trial. The case was tried by the court without a jury, and the evidence was ore terms and the conclusion reached was like unto the verdict of a jury, and will not be disturbed by this court, unless plainly contrary to the great weight of the evidence. The evidence was in sharp conflict as to where the line was between the parties and as to whether the defendant’s possession extended beyond the line. Moreover, it was agreed that the trial judge make an inspection of the premises which was done.

¶3 The judgment of the circuit court is affirmed.

¶4 Affirmed.

SOMERVILLE, THOMAS, and BROWN JJ, concur.
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