80 So. 157 | Ala. Ct. App. | 1918
Upon the trial the defendant requested the court, before whom the case was being tried without a jury, to make a special finding of facts, under section 5360 of the Code of 1907. Where this is done the appellate court will not examine into the extrinsic facts, to see whether or not from the evidence introduced the facts were correctly found by the court; but in reviewing the judgment the appellate court will be confined to determining whether or not, upon the facts found and set forth in the special finding, the trial court rendered the proper judgment. Chandler Jones v. Crossland,
Measured by the foregoing, the findings of facts fall short of the requirements in several particulars; notably, it is not found as a fact that the defendant was indebted to Jim Sadler, the party from whom plaintiff claims a transfer, in the amount named in the assignment, and no more. If it was the exact amount, it could be assigned without the consent of defendant; if more it would require the acceptance of the order or transfer by the defendant, in order to *584
authorize plaintiff to maintain this suit. O'Barr v. Turner,
It is not necessary to pass upon the other assignments of error.
For the error pointed out, the judgment is reversed, and the cause is remanded.
Reversed and remanded.