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HARVILLE v. GOZA

79-864.

393 So.2d 988 (1981)

Iven HARVILLE et al. v. J. W. GOZA.

Supreme Court of Alabama.

January 29, 1981.

Attorney(s) appearing for the Case

Robert B. French, Jr., Fort Payne, for appellants.

Loma B. Beaty, Fort Payne, and Terry T. Bush, Rainsville, for appellee.

FAULKNER, Justice.

In Harville's brief this statement appears: "The outcome of this case before this Court turns on whether Alabama actually has a scintilla rule, or whether this state has the substantial evidence rule and calls it a scintilla rule."

The scintilla rule permits a case on motion for a directed verdict, to go to the jury where there is a scintilla of evidence to support the theory of the complaint. Perdue v. Mitchell,

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