98 Ala. 157 | Ala. | 1893
The plaintiff was the only witness examined in the cause. By his evidence, it appeared that he was under written contract with the defendant to work for him during the year 1887, for $250, and for 144 pounds of bacon and 12 bushels of meal; that he received from defendant $200, the bacon and meal; that after he had per
We have repeatedly held, that when the evidence is conflicting, or where different inferences can be reasonably drawn from it, or where there is any evidence tending to establish the case of the other party, the general affirmative charge should never be given. Bromley v. Bir. M. R. Co., 95 Ala. 397, and authorities there cited.
The bill of exceptions does not purport to set out all the evidence, and the rule in such case is, that presumption will be indulged, that there was testimony to support the ruling of the Court, if under any state of proof, it would be free from error. Alexander v. Alexander, 71 Ala. 295; Mont. & Eu. R. R. Co., v. Kolb. 73 Ala. 405; 3 Brick. Dig. 406, § 43.
In obedience to this established rule, we feel constrained to hold, that as there might have been other evidence introduced, not set out in the record, which would sustain the ruling of the lower Court, that it was introduced, and the judgment of the Court must be presumed to be correct.
Affirmed.