McCrary v. Brown
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. W. J. Pearce. Action by S. J. Brown against John D. McCrary for work and labor done. Judgment for plaintiff and defendant appeals. Counsel discuss the allowance of the amendment and cite authority in support of their contention. They insist that the demurrer to the complaint should have been sustained.
1Opinion of the CourtTyson, C. J.
— On the 25th day of March, 1907, the trial court rendered the final judgment for the plaintiff and also overruled the defendant’s motion to vacate that judgment and dismiss the cause. Subsequently, on the 3rd day of September following, the motion of defendant’s to retax the casts was denied and he was allowed thirty days within which to prepare and present his bill of exceptions. The paper in the record purporting to be a bill of exceptions is dated October 1st, 1907. It is apparent from this statement that it can be considered only for the purpose of reviewing the ruling upon the motion to…
2Cases cited2 opinions
- Karter v. FieldsSupreme Court of Alabama · 1903
- Chambers v. Talladega Real Estate & Loan Ass'nSupreme Court of Alabama · 1899
3Cited by2 opinions
- Smythe v. Dothan F. & M. Co.Supreme Court of Alabama · 1910
- G. W. Phalin Lumber Co. v. BelcherAlabama Court of Appeals · 1918