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THOMAS v. BROOK

1 Div. 894.

149 So.2d 809 (1963)

Lillian W. THOMAS v. Max BROOK.

Supreme Court of Alabama.

February 7, 1963.

Attorney(s) appearing for the Case

Holberg, Tully, Hodnette & Mobley, Mobile, for appellant.

Willis C. Darby, Jr., and Vincent F. Kilborn, Mobile, for appellee.

COLEMAN, Justice.

This is an appeal by plaintiff from a judgment for defendant rendered by the court without a jury in an action at law.

The first assignment of error recites:

"1. The court erred in failing to grant Appellants' motion for a new trial."

When the record does not disclose the fact assumed as a ground of an assignment of error, such ground for error cannot be considered on appeal. Davis & Company v. Thomas, 154 Ala. 279,...

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