Mobile & Birmingham Railroad v. Worthington
Supreme Court of Alabama
■ Appeal from the City Court of Mobile. Tried before the Hon. O. J. Sehmes. This action was brought by Charles M. Worthington • against the .appellant railroad company, to recover damages for the .breach of a.n alleged contract by which plaintiff agreed and undertook to construct certain trestles for the defendant on the line of its road, at stipulated prices, but was delayed and hindered' by defendant in the performance of the work, and was not permitted to do the work…
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■ Appeal from the City Court of Mobile. Tried before the Hon. O. J. Sehmes. This action was brought by Charles M. Worthington • against the .appellant railroad company, to recover damages for the .breach of a.n alleged contract by which plaintiff agreed and undertook to construct certain trestles for the defendant on the line of its road, at stipulated prices, but was delayed and hindered' by defendant in the performance of the work, and was not permitted to do the work embraced .in his contract; and he also claimed, under the common counts, compensation for extra work done and materials…
1Opinion of the CourtStone, C. J.
The motion to strike the bill of exceptions from the transcript must be overruled. The act of Febru*602ary 22, 1887 — Sess. Acts, 126 — which, provides that the court in term time may fix the time within which bills of exceptions may be signed, contains the further clause, that “the judge in vacation may, for good cause, extend the time fixed in term time but in no case to allow more than six months beyond the adjournment of the term at which the case is tried. The statute is silent as to the manner of showing or authenticating the judge’s order of extension. Whenever, as in this case, the clerk…
2Cases cited6 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Elliott v. Stocks & Bro.Supreme Court of Alabama · 1880
- Robinson's Admr's v. AllisonSupreme Court of Alabama · 1860
- Mayberry v. Leech, Harrison & ForwoodSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
- Pigg v. Houston & LiggettCourt of Appeals of Tennessee · 1928
- Mississippi Lumber Co. v. Smith & Co.Supreme Court of Alabama · 1907
- Berthold & Jennings Lbr. Co. v. Geo. W. Phalin Lumber Co.Supreme Court of Alabama · 1916
- Sellers v. FarmerSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.