Harrison v. Nolin

Decided June 15, 1867

Supreme Court of Alabama · decided 1867-06-15

The record does not show the name of the presiding judge in the court below. The appellant in this case instituted a real action, in the nature of an action of ejectment, against the appellee, on the 20th March, 1859, and recovered a judgment by default on the 7th December, 1860.

Cited by 3 later decisions — most recently January 1873

3 state decisions

Relies on Helvenstein v. Higgason · Robbins v. Mendenhall

Good law ✅— No negative treatment on recordhow we know

Decided 1867-06-15

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BYRD, J.

¶1The court granted a new trial, “ upon hearing all the facts in the case.” The record does not set out the facts upon which the court granted a re-hearing, and we can not therefore say that the court erred in the order made.

¶22. There was a demurrer to the application, but the record does not show the grounds of demurrer assigned; and in this state of the record, we must presume, in favor of the ruling of the court, that no ground was assigned that was good, or well assigned.—Helvenstein v. Higgason, 35 Ala. 259; Robbins v. Mendenhall, 35 Ala. 722.

¶3Judgment affirmed.