Alabama Court of Appeals April 21, 1925, 8 Div. 157. (Brown-Ross Shoe Co. v. Abney)

RICE, J.

Tbis appeal is from a judgment in favor of appellee (defendant) in a suit on account brought by appellant (plaintiff) in the circuit court of Marshall county. The appellant assigns but a single ground of er

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ror — the overruling by the trial court of its motion for a new trial.

Under the familiar rule laid down in Cobb v. Malone & Collins, 92 Ala. 630, 9 So.