Percy G. Wood v. E. S. Miller Et Al. Book Reviews

Percy G. Wood v. E. S. Miller Et Al. by Supreme Court of Alabama Book Summary

SIMPSON, Justice. On November 8, 1955, the appellant filed in the Circuit Court of Dallas County, Equity Side, a motion to
strike, set aside or vacate a jury's verdict rendered on an issue out of chancery under date of January 28, 1955, and the
final decree entered thereon by such Circuit Court as being null and void. The grounds assigned therefor are in substance
that said verdict and decree are not supported by the evidence, and the verdict and decree entered thereon are contrary to
the law. From the overruling of the aforementioned motion to set aside the verdict and judgment, this appeal followed. The appellee has filed a motion to dismiss the appeal. The grounds assigned are that appellant, on the trial of the cause,
failed to make a motion in the equity court to set aside the verdict of the jury prior to the entering of the final decree
thereon; the alleged errors occurred in the jury trial, and this being an 'issue out of chancery' there is nothing presented
for review by this court. Appellee also contends that the motion to set aside the verdict and the decree does not present
any matter showing that the decree is void.

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