Dement v. Central of Georgia Ry. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Shelby County; Hugh D. Merrill, Judge. Action by A. C. Dement, as administrator, against the Central of Georgia Railway Company for damages for death of his intestate. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Shelby County; Hugh D. Merrill, Judge. Action by A. C. Dement, as administrator, against the Central of Georgia Railway Company for damages for death of his intestate. Judgment for defendant, and plaintiff appeals. It appears that verdict was rendered and judgment entered on April 23, 1918. There is some dispute as to when the bill of exceptions was sent to the judge, but it is not disputed but that the judge did not receive the bill until July 27, 1918. The judge being absent from home signed the bill as if it had been presented on July 23d, and afterwards, on the…
1Opinion of the Court
McCLELLAN, j.
[1, 2J The submission of the cause in this court includes a motion by the appellee to strike from the transcript the bill of exceptions, on the ground that it was not presented to the presiding judge within the time required by law (Code, § 3019), viz. “within ninety days from the day on which the judgment is entered.” There is attached to this motion, filed in the office of the clerk of this court, an affidavit of G. W. Yancey, one of the counsel for appellee (defendant), wherefrom it appears that the bill of exceptions was> not presented to the presiding judge within the time…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Buck Creek Lumber Co. v. NelsonSupreme Court of Alabama · 1914
- King v. Hill & Shafer Co.Supreme Court of Alabama · 1909
3Cited by2 opinions
- Bain v. LangAlabama Court of Appeals · 1922
- Bain v. LangAlabama Court of Appeals · 1922