Wiggins v. Witherington & Co.
Supreme Court of Alabama
Aureal from the Circuit Court of Conecuh. Tried before the Hon. JOHN P. HubbaRD. This action was brought by Witherington & Co. against Jolm A. Wiggins, to recover several oxen, a horse, and other personal property described in the complaint. By order of the trial judge, the original of the the verdict of the jury was attached to the transcript on the appeal to this court.
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Aureal from the Circuit Court of Conecuh. Tried before the Hon. JOHN P. HubbaRD. This action was brought by Witherington & Co. against Jolm A. Wiggins, to recover several oxen, a horse, and other personal property described in the complaint. By order of the trial judge, the original of the the verdict of the jury was attached to the transcript on the appeal to this court. The verdict is as follows: “We the jury find for the plaintiff the ox name Buck worth 35.00 the ox Bright worth 30.00 the red ox worth 20.00 the red and white speckle ox 20.00 the cart 25.00 the horse worth 50.00.” The court…
1Opinion of the Court
THORINGTON, J.'
The record contains two motions made by appellant after verdict in the court below. One is a motion to amend the judgment-entry nunc pro tunc, and the other is a motion in arrest of judgment. The only errors assigned are based on the refusal of the court to grant these two motions. Neither motion is set out in the bill of exceptions. They are copied in the transcript as part of the record, but it has frequently been held that the insertion of such motions by the clerk in the transcript does not make them part of the record. They must be expressly made such by a bill of…
2Cases cited1 opinion
- Baker v. Swift & SonSupreme Court of Alabama · 1888
3Cited by9 opinions
- Ross v. StateSupreme Court of Alabama · 1903
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- Buessel v. United StatesCourt of Appeals for the Second Circuit · 1919
- Irby v. KaiglerAlabama Court of Appeals · 1912
- Jones v. City of AnnistonSupreme Court of Alabama · 1902
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