Dixie Lumber Co. v. Young
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Suit by the Dixie Lumber Company against T. O. Young and others, and bill by one Bates, trustee in bankruptcy, against T. O. Young and others. The two cases were consolidated, and on the trial the company was allowed to amend its complaint by making Bates party defendant. There was judgment in favor of Bates and the company, but each, being denied the enforcement of its lien, appeals.
1Opinion of the CourtGardner, J.
[1] While the transcript in this cause was not filed strictly within the' time required by Supreme Court rule 41 (175 Ala. xx, 56 South, vi) yet we are of the opinion that the affidavits on file furnish a sat isfactory excuse therefor; and it further appears that the delay was for a very short time.
The motion to dismiss the appeal has been carefully considered in consulation, and we are of the opinion that it should be denied.
The Dixie Lumber Company, a domestic corporation, brought this suit on the law side of the docket of the Mobile circuit court against T. O. Young, Kathleen Yerger, and…
2Cases cited9 opinions
- Spengler v. Stiles-Tull Lumber Co.Mississippi Supreme Court · 1909
- Alabama & Georgia Lumber Co. v. TisdaleSupreme Court of Alabama · 1903
- Harmon v. San Francisco & San Rafael RailroadCalifornia Supreme Court · 1890
- Cranford Mercantile Co. v. WellsSupreme Court of Alabama · 1916
- McDonald Stone Co. v. Stern & MarxSupreme Court of Alabama · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louisville N. R. Co. v. ShikleSupreme Court of Alabama · 1921
- Le Grand v. HubbardSupreme Court of Alabama · 1927
- Beatty v. McMillanSupreme Court of Alabama · 1933
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Standard Sanitary Mfg. Co. v. AirdSupreme Court of Alabama · 1930
6 more not listed; retrieve them via the Exa API.