East Pratt Coal Co. v. Jones
Alabama Court of Appeals
Appeal from City Court of Birmingham; C. W. Ferguson, Judge. Action by Maggie Jones, administratrix, against the East Pratt Coal Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBrioken, J.
[1] When this case was submitted, a motion, to strike the appellant’s brief was urgently pressed upon the court, on the ground that said brief was not in compliance with rules 10, 12, Supreme Court Practice (175 Ala. xviii, 61 South, vii). Upon hearing the motion, the court deemed the showing made by the appellant sufficient to warrant the overruling of said motion. It is now insisted by counsel for appellee that the failure of appellant to insist in the brief filed upon many of the errors assigned on the record was a waiver and abandonment thereof, and that this court is restricted in the…
2Cases cited31 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Ogburn-Griffin Gro. Co. v. Orient InsuranceSupreme Court of Alabama · 1914
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3Cited by5 opinions
- Estate of ThrammCalifornia Court of Appeal · 1947
- Wade v. StateAlabama Court of Appeals · 1921
- Sovereign Camp, W. O. W. v. BallardAlabama Court of Appeals · 1923
- Kinney v. EhrenspergerAlabama Court of Appeals · 1917
- Birmingham Electric Co. v. EcholsAlabama Court of Appeals · 1947