McCarver v. Doe ex dem. Herzberg
Supreme Court of Alabama
Aprj-hvu from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a common action of ejectment brought by John I)oe, on the demise of II. Ilerzberg, and others against IV. IV. McOarver to recover lands specifically described in the declaration.
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Aprj-hvu from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a common action of ejectment brought by John I)oe, on the demise of II. Ilerzberg, and others against IV. IV. McOarver to recover lands specifically described in the declaration. The cause was tried by the court without the intervention of a jury, and on May 21, 1900, a judgment was rendered in favor of the plaintiff, assessing his damages at $75. On May 31, 1900, the defendant made a motion for a new trial, which was in words and figures as follows: “Now comes the defendant and moves the court for a new…
1Opinion of the CourtTyson, J.
Confessedly the bill of exceptions cannot be looked to for the purpose of reviewing exceptions reserved upon the trial of the cause, but it is properly a part of the record for the purpose of reviewing the action of the court in overruling the motion for the new trial, provided it was signed in time and the motion was not discontinued.—Bank of Dothan v. Wilks, 132 Ala. 573; Ala. Midland R. Co. v. Brown, 129 Ala. 282. The motion was heard and determined adversely to the appellant on the 14th day of June, 1901, and the bill of exceptions was signed on the 23d day of July following. On the. 29th…
2Cases cited5 opinions
- Reeves v. StateSupreme Court of Alabama · 1892
- Alabama Midland Railway Co. v. BrownSupreme Court of Alabama · 1900
- McConnell v. WornsSupreme Court of Alabama · 1893
- Southern Cotton Oil Co. v. HenshawSupreme Court of Alabama · 1889
- Bank of Dothan v. WilksSupreme Court of Alabama · 1902
3Cited by21 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Ex Parte SchoelSupreme Court of Alabama · 1921
- Greer v. HeyerSupreme Court of Alabama · 1927
- King v. ScottSupreme Court of Alabama · 1928
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