Weems v. Weems
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried' before Hon. W. L. Whitlock. This was an action of assumpsit by Asa Weems, tlie appellee, against Joel Weems, the appellant. The complaint contains three counts, one on an account stated, one *bn an account for money had and received, and one for goods and chattels sold. The case made by the record is stated in the opinion of the ■court.
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Appeal from Cherokee Circuit Court. Tried' before Hon. W. L. Whitlock. This was an action of assumpsit by Asa Weems, tlie appellee, against Joel Weems, the appellant. The complaint contains three counts, one on an account stated, one *bn an account for money had and received, and one for goods and chattels sold. The case made by the record is stated in the opinion of the ■court. There is no bill of exceptions in this case, and this court can not look beyond that which is shown to be the record.- There seems to be one continuous record, without distinguishing between what is legitimately…
1Opinion of the CourtStone, J.
It is to be regretted that the present record comes before us in so confused a shape,.that we are unable to review the rulings in the court below. If properly presented, we would not hesitate to announce that in several important particulars, the Circuit Court erred. What, in the argument of •counsel, is claimed as a bill of- exceptions, we can not so regard. Sections 3107-8 of the Code of 1S76 give directions for the preparation and execution of a bill of exceptions. “Either of the parties in any civil case, during the trial of the cause, may reserve, by bill of exceptions, any charge,…
2Cases cited2 opinions
- Pryor v. BeckSupreme Court of Alabama · 1852
- Hays v. AndersonSupreme Court of Alabama · 1876
3Cited by6 opinions
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Efurd v. Loeb & BrotherSupreme Court of Alabama · 1886
- Kansas City, Memphis & Birmingham Railroad v. LackeySupreme Court of Alabama · 1896
- Dill v. StateAlabama Court of Appeals · 1924
- Peters v. StateSupreme Court of Alabama · 1910
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