Capehart v. Mills
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Tried before Hon. John B. Talley. Action by the Granite Mills against defendants doing business under the name of the Decatur and Chattanooga Packet Company, for failure to deliver eight bales of cotton received by them of Orapon & Co., for which a bill of lading was issued to the latter.
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Appeal from Marshall Circuit Court. Tried before Hon. John B. Talley. Action by the Granite Mills against defendants doing business under the name of the Decatur and Chattanooga Packet Company, for failure to deliver eight bales of cotton received by them of Orapon & Co., for which a bill of lading was issued to the latter. When plaintiff offered the bill of lading in evidence, defendants made objections in substance as follows: Because its execution in its present shape, was not proven; because material alterations appeared on its face which were not explained; because not executed in name…
1Opinion of the CourtHead, J.
— We find on the motion docket, in this cause, a motion to dismiss the appeal, which was submitted for decision on the 27th day of January, 1892. The ground of the motion was that the appeal was made returnable to a time not authorized by law. The appeal was taken on the 3rd day of April, 1891, which was during the term of this court. In such case the law fixes the return day to be the first Monday of the term next, after the expiration of twenty days from the date of the appeal. It was not competent for the parties or the clerk to make it returnable otherwise. The fact that they attempted to…
2Cases cited2 opinions
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Lehman, Durr & Co. v. MarshallSupreme Court of Alabama · 1872
3Cited by8 opinions
- Morgan v. MorganSupreme Court of Alabama · 1924
- Weil Bros. v. PonderSupreme Court of Alabama · 1899
- Becker Roofing Co. v. HanksSupreme Court of Alabama · 1934
- First Nat. Life Ins. Co. of America v. WigintonSupreme Court of Alabama · 1932
- Louisville N. R. Co. v. AllegriSupreme Court of Alabama · 1926
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