Turner v. White
Supreme Court of Alabama
Appeals from Mobile Circuit Court. Tried before Hon. William E. Clark. The opinion is based on two separate transcripts, one being ejectment by George C. White, against Freeman Turner and others, to which case Marcia E. Turner was made defendant on her own motion and, after judgment for plaintiff, by agreement, a separate cause was docketed for recovery oi taxes paid by her subsequent to a purchase by her at tax sale of the lands sued for, and appeals were taken by the…
Read the full summary
Appeals from Mobile Circuit Court. Tried before Hon. William E. Clark. The opinion is based on two separate transcripts, one being ejectment by George C. White, against Freeman Turner and others, to which case Marcia E. Turner was made defendant on her own motion and, after judgment for plaintiff, by agreement, a separate cause was docketed for recovery oi taxes paid by her subsequent to a purchase by her at tax sale of the lands sued for, and appeals were taken by the defendant in both cases which appeals were heard together. The main facts set forth in both transcripts, as stated by. the…
1Opinion of the CourtHabalson, J.
— 1. Section 2762 of the Code makes provision for a case like the one presented, in providing that if the judge trying a cause shall fail or refuse to sign a bill of exceptions, the point or decision and the facts being truly stated, • • • “ the Supreme Court must receive evidence of the facts, as may be deemed by it satisfactory, and proceed to hear the cause as if the bill had been signed by the court.” The proper practice is here indicated, and the appellant’s remedy,, if she was aggrieved, was by motion in this court, to establish her bill of exceptions on such evidence as would be…
2Cases cited6 opinions
- King v. AverySupreme Court of Alabama · 1861
- Pugh v. YoungbloodSupreme Court of Alabama · 1881
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Anniston & Atlantic Railroad v. Ledbetter & FarmerSupreme Court of Alabama · 1890
- Posey v. BealeSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Cobb v. VarySupreme Court of Alabama · 1897
- Morris v. CardSupreme Court of Alabama · 1931
- Sheffield City Co. v. Tradesmans National BankSupreme Court of Alabama · 1901
- Hughes v. Albertville Mercantile Co.Supreme Court of Alabama · 1911
4 more not listed; retrieve them via the Exa API.