Buck Creek Lumber Co. v. Nelson
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Action by Frank Nelson, Jr., and another, as partners, against the Buck Creek Lumber Company, for breach of contract. Judgment for plaintiffs, and defendant appeals.
Read the full summary
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Action by Frank Nelson, Jr., and another, as partners, against the Buck Creek Lumber Company, for breach of contract. Judgment for plaintiffs, and defendant appeals. The judgment from which the appeal was taken appears to have been rendered October 25,1912, the bill of exceptions was filed with the judge January 22, 1913, and appears to have been signed by the judge April 21, 1913. The affidavits show that the bill was really not signed until after May 1, 1913. There are no counter affidavits. Counsel insist upon each…
1Opinion of the CourtSayre, J.
Appellees’ motion to strike the .bill of exceptions must be granted. It seems quite clear that *245the bill was signed long after the expiration of the period prescribed by the mandatory terms of the statute, section 8019 of the Code. Affidavits submitted on behalf of the motion so state the fact, and it is not denied. The deposition of the presiding judge has not been taken, and he has refused appellees’ request for an ex parte affidavit, but the terms of that refusal, when construed in connection with the language of the request, leave no doubt that the judge, Avhile refusing the request for an…
2Cases cited6 opinions
- Miners' Ditch Co. v. ZellerbachCalifornia Supreme Court · 1869
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Rainey v. RidgewaySupreme Court of Alabama · 1907
- Baker v. Central of Georgia Railway Co.Supreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Farmers State Bank v. HaunWyoming Supreme Court · 1924
- Ex Parte City Bank & Trust Co.Supreme Court of Alabama · 1917
- Buchannon v. BuchannonSupreme Court of Alabama · 1929
- Wilder v. BushSupreme Court of Alabama · 1917
14 more not listed; retrieve them via the Exa API.