Mount v. Stewart
Supreme Court of Alabama
Appeal from the Circuit Court o£ Calhoun. Tried before the Hon: John B. Tall'S. This actioti was brought by J. M. Stewart, against Mrs. Mary A. Mount, as administratrix of the estate of D. Y. Heifner, deceased, and was commenced in a justice’s court, where judgment was rendered for the plaintiff, as the justice’s docket showed, “for $67.10, .balance due, with interest, on waive note dated January 2, and due October 15, 1883.” From this judgment the defendant took an appeal…
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Appeal from the Circuit Court o£ Calhoun. Tried before the Hon: John B. Tall'S. This actioti was brought by J. M. Stewart, against Mrs. Mary A. Mount, as administratrix of the estate of D. Y. Heifner, deceased, and was commenced in a justice’s court, where judgment was rendered for the plaintiff, as the justice’s docket showed, “for $67.10, .balance due, with interest, on waive note dated January 2, and due October 15, 1883.” From this judgment the defendant took an appeal to the Circuit Court, and gave bond with E. B. Hogan and J. H. Busby as her sureties. In the Circuit Court, on the 9th…
1Opinion of the CourtSomerville, J.
1. The judgment appealed from is one taken against the appellant nil dicit, on March 9th, 1888, during the third week of the term of the Calhoun Circuit Court. It is provided by the act approved February 28th, 1887 (Acts 1886-87, p. 161), that the first week of said Circuit Court shall be devoted to the trial of civil cases, and the second week, with so much of the third week as may be necessary, to the trial of criminal cases; “provided,” it is added, “the presiding judge may set doion for trial for the third week any civil business undisposed of during the first week of the term.” — Code,…
2Cases cited5 opinions
- Phillips v. SolomonSupreme Court of Georgia · 1871
- State v. ParkerSupreme Court of Alabama · 1882
- Bean v. ChapmanSupreme Court of Alabama · 1878
- Neff v. EdwardsSupreme Court of Alabama · 1886
- Phillips, Burtoff & Co. v. WadeSupreme Court of Alabama · 1880
3Cited by2 opinions
- Brown, Webb & Co. v. Southern Woodenware Co.Supreme Court of Alabama · 1923
- James v. Kitzenger & Co.Alabama Court of Appeals · 1915