Gallahar v. Ingram & Co.
Alabama Court of Appeals
Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Detinue by W. C. Gallaliar against Ingram & Company, for a mule. Judgment for defendant and plaintiff appeals. Counsel discuss the errors assigned, and cite authorities to sustain their contention that the court was in error in granting'defendant a new trial, but in view .of the opinion it is not deemed necessary to here set them out.
Read the full summary
Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Detinue by W. C. Gallaliar against Ingram & Company, for a mule. Judgment for defendant and plaintiff appeals. Counsel discuss the errors assigned, and cite authorities to sustain their contention that the court was in error in granting'defendant a new trial, but in view .of the opinion it is not deemed necessary to here set them out. No organization of the court is shown in the transcript and hence, this court is without jurisdiction to determine the appeal, and it must he dismissed. — Grcmtham v. State, 3 Ala. App. 168;…
1Opinion of the Court
WALKEB, P. J. —
-The attention of the court has been called to the failure of the record in this case to show that at the time of the rendition of what purports to be the judgment appealed- from there was a properly organized trial court by which a lawful judgment could be rendered. What purports to be the judgment granting a new trial, which is sought to be reviewed, was entered on May 6, 1912. The only organization of the trial court which is shown by the record is that for the term commencing on November 11, 1912. The appeal must be dismissed, because of the failure of the record to show…
2Cases cited3 opinions
- Pensacola, A. & W. Ry. Co. v. Big Sandy Iron Co.Supreme Court of Alabama · 1906
- Grantham v. StateAlabama Court of Appeals · 1912
- City of Demopolis v. AtkeisonAlabama Court of Appeals · 1912
3Cited by1 opinion
- Ogden v. StateAlabama Court of Appeals · 1915