Louisville & Nashville Railroad v. Malone
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. Daniel W. Speaks, Special Judge. This action was brought on March.8th, 1895, by the appellee, Matilda Malone, against the appellant, the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent setting fire to and burning of her house and other property by the defendant.
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Appeal from the Circuit Court of Limestone. Tried before the Hon. Daniel W. Speaks, Special Judge. This action was brought on March.8th, 1895, by the appellee, Matilda Malone, against the appellant, the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent setting fire to and burning of her house and other property by the defendant. The material facts of the case are substantially the same as disclosed on the former appeal; and special reference is here made to the report of such appeal, as contained in the 109th Alabama, p. 509. • Such other rulings of the…
1Opinion of the CourtColeman, J.
The first question presented arises upon the motion of appellee to strike the bill of exceptions from the record. The motion is predicated upon the following facts : The trial terminated on the 10th of October, 1896. On that day, the court made an order allowing sixty days from date, within which the defendant might prepare a bill of exceptions. Before the expiration of the time, the court extended the time forty additional days'. On the 7th of January, 1897, the judge signed an instrument purporting to be the bill of .exceptions . Instead of filing the instrument in court, it was sent to…
2Cases cited10 opinions
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- Chapman v. HoldingSupreme Court of Alabama · 1875
- Dyer v. BroganCalifornia Supreme Court · 1886
- Rosson v. StateSupreme Court of Alabama · 1890
- Lewis v. Intendant & Town Council of GainesvilleSupreme Court of Alabama · 1844
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3Cited by25 opinions
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- Bryan v. StateSupreme Court of Florida · 1899
- Ex Parte City Bank & Trust Co.Supreme Court of Alabama · 1917
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
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