Floyd v. Lamar
Alabama Court of Appeals
Assumpsit. Appeal from Marengo Law and Equity Court. Heard before Hon. E.'J. Gilder. Law Lamar and another brought suit against O. A. Floyd & Co. and the individual members of the firm for breach of contract for the sale of cotton. Judgments for plaintiffs, and defendants appeals. Summons was executed on both of the defendants on June 21, 1911, and on July 8, 1911, the defendants filed their demurrer to- the complaint, and on the filing demanded a trial by jury.
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Assumpsit. Appeal from Marengo Law and Equity Court. Heard before Hon. E.'J. Gilder. Law Lamar and another brought suit against O. A. Floyd & Co. and the individual members of the firm for breach of contract for the sale of cotton. Judgments for plaintiffs, and defendants appeals. Summons was executed on both of the defendants on June 21, 1911, and on July 8, 1911, the defendants filed their demurrer to- the complaint, and on the filing demanded a trial by jury. In November, 1911, the de-' murrers were overruled, and after plea filed the attorneys for defendant withdrew their appearance. On…
1Opinion of the Court
BROWN, J.(1) This court cannot review the action of a trial court in proceeding to judgment after due service of process, where the judgment is not premature, in the absence of a bill of exceptions properly presenting the question.—Williams, Adm'r, v. Woodward Iron Co., 106 Ala. 254, 17 South. 517; Alosi v. Birmingham Waterworks Co., 1 Ala. App. 630, 55 South. 1029; Wallace v. North Ala. Traction Co., 40 South. 89.(2) Neither will the court revieAV the action of the trial court in granting motion to amend nunc pro tunc in the absence of a bill of exceptions sliOAving that exception Avas…
2Cases cited4 opinions
- Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
- Alosi v. Birmingham Water Works Co.Alabama Court of Appeals · 1911
- Leinkauff & Strauss v. Tuskaloosa Sale & Advancing Co.Supreme Court of Alabama · 1894
- Basenberg v. LawrenceSupreme Court of Alabama · 1909
3Cited by3 opinions
- Harris v. BarberSupreme Court of Alabama · 1939
- Ory-Cohen v. TaylorSupreme Court of Alabama · 1922
- Harris v. BarberSupreme Court of Alabama · 1939