Hughes v. Albertville Mercantile Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. A. H. Alston. Assumpsit by J. W. Hughes against Albertville Mercantile Company. From the judgment, Hughes appeals and submits a motion to establish a bill of exceptions. Subsequently to the handing down of this decision the case was transferred to the Court of Appeals, for a decision on its merits, and will be found reported in .3 Ala. App. 462; 57 South. 98.
1Opinion of the CourtAnderson, J.
The preponderance of evidence shows that a correct bill of exceptions was presented by the movant to the presiding judge, who was no doubt actuated by an honest impression and good intentions, made a material but improper change in same before signing. Section 3021 of the Code of 1907, provides for the establishment of a bill of exceptions when the judge fails or refuses to sign same.
We have heretofore held that in order to put the judge in default for a failure or refusal to sign, so as to enable the aggrieved party to establish one, it must appear that a correct bill was tendered. —…
2Cases cited2 opinions
- Turner v. WhiteSupreme Court of Alabama · 1892
- Bradberry v. StateSupreme Court of Alabama · 1910
3Cited by9 opinions
- Ex Parte WaldropSupreme Court of Alabama · 1934
- Luther v. LutherSupreme Court of Alabama · 1924
- Mauney v. Electric Const. Co.Supreme Court of Alabama · 1924
- Collins v. StateAlabama Court of Appeals · 1916
- McRee v. RussellSupreme Court of Alabama · 1938
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