Legal Opinion

Beecher v. Henderson

Alabama Court of Appeals

Decided April 18, 1912PublishedCited by 6 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. S. P. Beecber against Arlington L. Henderson and others, obligors on a constable’s bond. From a judgment ordering a discontinuance, plaintiff appeals. The court erred in holding that the action taken amounted to a filing of the amendment and its allowance.—Phillips v. Dean, 38 Ala. 248; 3 Words & Phrases.

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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. S. P. Beecber against Arlington L. Henderson and others, obligors on a constable’s bond. From a judgment ordering a discontinuance, plaintiff appeals. The court erred in holding that the action taken amounted to a filing of the amendment and its allowance.—Phillips v. Dean, 38 Ala. 248; 3 Words & Phrases. The court erred in refusing to permit evidence that one of the defendants Hudson Avas dead before plaintiff presented her amendment.—Schriner v. Craft, 58 South. 888; Sec. 5367, Code 1909. The court erred in…

1Opinion of the CourtPelham, J.

The appellant’s motion to establish a bill of exceptions in this case was passed upon favorably to the movant by the Supreme Court where the case was then pending. Subsequently it was submitted on briefs in that court, and afterwards, upon the establishment of the Court of Appeals, was transferred to this court.

The court below, on motion of the appellees, discontinued the suit brought by the appellant in that court against the appellees as joint obligors on a constable’s bond.

The statement of the presiding judge relating to the proceedings had in passing upon and granting appellees’ motion…

2Cases cited15 opinions

  1. Shriner v. CraftSupreme Court of Alabama · 1910
  2. Taylor v. CrookSupreme Court of Alabama · 1902
  3. Torrey v. ForbesSupreme Court of Alabama · 1891
  4. Irwin v. EversonSupreme Court of Alabama · 1891
  5. Masterson v. GibsonSupreme Court of Alabama · 1876

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3Cited by6 opinions

  1. Booth v. FletcherCourt of Appeals for the D.C. Circuit · 1938
  2. Plunkett v. DendySupreme Court of Alabama · 1916
  3. Crawford v. MillsSupreme Court of Alabama · 1918
  4. Sullivan v. North Pratt Coal Co.Supreme Court of Alabama · 1920
  5. King v. GibbsAlabama Court of Appeals · 1914

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