Herzberg v. Riddle
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by L. L. Herzberg, as trustee of S. W. Riddle & Co., against R. J. Riddle and the Tennessee Milling Company, to recover money alleged to have been paid by tbe bankrupt in violation of the bankrupt law. Judgment for defendants, and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by L. L. Herzberg, as trustee of S. W. Riddle & Co., against R. J. Riddle and the Tennessee Milling Company, to recover money alleged to have been paid by tbe bankrupt in violation of the bankrupt law. Judgment for defendants, and plaintiff appeals. Tbe plaintiff requested tbe following charges, which Were refused: (I) “The court charges the jury that the District Court of the United States for the Eastern Division of the Northern District of Alabama, sitting as a court of bankruptcy, is a court of competent…
1Opinion of the CourtMayfield, J.
The bill of exceptions in the main case must he stricken on appellee’s motion. The record shows that the trial was had on November 6, 1907, and that the bill of exceptions was signed January 1, 1908. It thus affirmatively appears that the bill was signed more than 30 days after the trial without any extension *371of time'as required by tbe local statute. Acts 1900-01, •p. 1299; Cobb v. Owen, 150 Ala. 410, 43 South. 826.
It does appear that on December 20th when the motion for a new trial was overruled, the appellant was granted 20 days in which to prepare and have signed a bill of exceptions; but…
2Cases cited7 opinions
- Clark v. IselinSupreme Court of the United States · 1875
- Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
- Alabama Midland Railway Co. v. BrownSupreme Court of Alabama · 1900
- Cobb v. OwenSupreme Court of Alabama · 1907
- People's Savings Bank & Trust Co. v. KeithSupreme Court of Alabama · 1902
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3Cited by5 opinions
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