Dantzler & Sons v. Swift Creek Mill Co.
Supreme Court of Alabama
Appear from .the, Circuit Court ’ of Autauga. Tried before .the ITo.n. J. O. Richardson. This was an action brought by the appellants against the appellee.
Read the full summary
Appear from .the, Circuit Court ’ of Autauga. Tried before .the ITo.n. J. O. Richardson. This was an action brought by the appellants against the appellee. The bill of exceptions was signed in vacation and no order allowing same appears in the record of the. court, but the bill itself recited-that it was signed “within the period allowed and ordered by the court for the presentation of a bill of exceptions.” . ■ ■ There were certain, demurrers filed by the plaintiffs and ’.the;-.judgment-, entry, refuted that “plaintiffs de■murred to pleas. Nos. '9 and -12; which upon consideration of the…
1Opinion of the CourtHaralson, J.
The bill of exceptions in this case shows on its face that it.was signed by the presiding judge in vacation and after the adjournment of the court at which the trial was had. Nothing appears in the record of the court below showing that any order was made by the count in term time, authorizing a bill of exceptions to be signed in vacation. The recital in the bill of exceptions that the same was signed “within the period allowed and ordered by the court for the presentation of a bill of exceptions” is nothing more than the statement by the judge and is insufficient to supply the omission of so…
2Cases cited8 opinions
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Bessemer Land & Improvement Co. v. DuboseSupreme Court of Alabama · 1899
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- Bryant v. StateSupreme Court of Alabama · 1860
- Morningstar v. StrattonSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ferrell v. City of OpelikaSupreme Court of Alabama · 1905
- American Sales Book Co. v. Pope & Co.Alabama Court of Appeals · 1913
- Glenn Refining Co. v. WebsterAlabama Court of Appeals · 1912
- Massillon Engine & Thresher Co. v. Arnold & Co.Supreme Court of Alabama · 1901
- Peterman v. StateSupreme Court of Alabama · 1903
11 more not listed; retrieve them via the Exa API.