Capital City Insurance v. Cofield
Supreme Court of Alabama
Appeal from the 'Circuit Court of Cleburne. Tried before tbe Hon. T. J. Burton. This is an action brought by tbe appellee, W. J. Cofield, against tbe appellant, tbe Capital City Insurance Company, to recover on a fire insurance policy. There were many rulings by tbe court on tbe pleadings, but it is not necessary to set them out here.
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Appeal from the 'Circuit Court of Cleburne. Tried before tbe Hon. T. J. Burton. This is an action brought by tbe appellee, W. J. Cofield, against tbe appellant, tbe Capital City Insurance Company, to recover on a fire insurance policy. There were many rulings by tbe court on tbe pleadings, but it is not necessary to set them out here. The eighth plea of defendant sets up as a bar to the action a failure on tbe plaintiff’s part to comply with a condition of tbe policy which required him to make proof of bis loss resulting from tbe fire. . To this plea plaintiff replied that be gave defendant’s…
1Opinion of the Court
SHARPE J,
In this cause a motion is made to strike the. bill of exceptions from the record on the ground that the same “was not signed by the presiding judge until after the appeal to this court was taken.” The statutes and rules fixing the time for signing bills of exceptions and authorizing the extension of such time by their terms apply generally. To hold that the time fixed by or in accordance with those statutes and *200/rules, will be limited by reason of an appeal would be to deny to them without any valid reason the operation which their provisions expressly import. The motion must be…
2Cases cited2 opinions
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
- Western Assurance Co. v. Hall & BrotherSupreme Court of Alabama · 1898
3Cited by3 opinions
- Pennsylvania Fire Ins. v. DraperSupreme Court of Alabama · 1914
- Louisville & Nashville Railroad v. WynnSupreme Court of Alabama · 1910
- Stevenson & Herzfeld v. WhatleySupreme Court of Alabama · 1909