Gaston v. Marengo Improvement Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. John C. Anderson. This was a statutory trial of tbe right of property, which was instituted by the appellee,.Marengo Improvement Company making affidavit and bond, thereby interposing a claim to certain property, which was levied upon under an execution issued upon a judgment recovered by the appellant, J. W. Gaston, against one Bob Fritts.
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Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. John C. Anderson. This was a statutory trial of tbe right of property, which was instituted by the appellee,.Marengo Improvement Company making affidavit and bond, thereby interposing a claim to certain property, which was levied upon under an execution issued upon a judgment recovered by the appellant, J. W. Gaston, against one Bob Fritts. There was a motion made to strike the affidavit of claim made by the claimant, from the file. The bill of exceptions recites that this motion was overruled, but there is no entry in the…
1Opinion of the CourtDowdell, J.
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The appeal is taken from the judgment rendered on the trial of the cause on November 7th, and not from the ruling of the court on motion for a new trial. The order made in term time for the signing of the bill of exceptions in vacation was not limited to the signing of the hill of exceptions on the ruling of the court on the motion for a new trial, but was sufficient to cover the signing of the bill relating to the original trial. There is nothing in this suggestion by appellee. In order to review a ruling of the court on a motion to strike pleading, the record proper of the trial court…
2Cited by13 opinions
- Bourn v. RobinsonCourt of Appeals of Texas · 1908
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Matter of SandeferUnited States Bankruptcy Court, N.D. Alabama · 1985
- Lay v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1911
- Irby v. KaiglerAlabama Court of Appeals · 1912
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