Legal Opinion

Florence Cotton & Iron Co. v. Field

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 55 opinions

Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. This was an action brought by the appellee, James H. Field, on March 24, 1891, against the appellant, The Florence Cotton & Iron Company, a corporation organized under the laws of Alabama.

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Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. This was an action brought by the appellee, James H. Field, on March 24, 1891, against the appellant, The Florence Cotton & Iron Company, a corporation organized under the laws of Alabama. In the first count of the complaint, the plaintiff claims $5,000 due under and by virtue of a contract made and entered into between him and the defendant on January 11, 1889, by which the defendant agreed to pay him, as its vice-president and general manager, $5,000 a year. The complaint also contained the common counts.…

1Opinion of the Court

HARALSON. J. —

1. The record shows the judgment in this case was rendered on the 15th of January, 1892, and the appeal was taken on the 12th of April, 1893— more than twelve months after the date of the rendition. On the 23d of January, 1892, the defendant filed a written motion for a new trial in the cause, for the reasons therein stated, which motion, continued from time to time, was not acted on, until 21 April, 1892, when it was *476overruled, before the adjournment of the term. It is provided by statute for appeals from judgments in cases of this kind, that they “must be taken within one year…

2Cases cited6 opinions

  1. Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
  2. Brockett v. BrockettSupreme Court of the United States · 1844
  3. Memphis v. BrownSupreme Court of the United States · 1877
  4. Texas & Pacific Railway Co. v. MurphySupreme Court of the United States · 1884
  5. Westmoreland v. PorterSupreme Court of Alabama · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Anderson v. StateSupreme Court of Alabama · 1922
  2. Lewis v. MartinSupreme Court of Alabama · 1923
  3. Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
  4. Shipp v. SheltonSupreme Court of Alabama · 1915
  5. Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924

50 more not listed; retrieve them via the Exa API.

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