General Ordnance Co. v. Bowen
Supreme Court of Alabama
Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge. Action by the General Ordnance Company against E. L. Bowen. Erom a judgment for defendant, plaintiff appeals. Counsel argue the points raised, but in view of the decision it is not necessary to set out the brief. Where the appeal is from the original judgment and the bill of exceptions was not presented to the trial judge within 90 days, the appeal presents nothing for review.
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Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge. Action by the General Ordnance Company against E. L. Bowen. Erom a judgment for defendant, plaintiff appeals. Counsel argue the points raised, but in view of the decision it is not necessary to set out the brief. Where the appeal is from the original judgment and the bill of exceptions was not presented to the trial judge within 90 days, the appeal presents nothing for review. McMillon v. Skelton, 208 Ala. 693, 95 South. 148; S.-S. S. & I. Co. v. Sampson, 204 Ala. 240, 85 South. 501. The seasonable presentation of a bill of…
1Opinion of the CourtGardner, J.
Suit by appellant against appellee upon promissory notes. There was verdict and judgment for defendant, the judgment being rendered on October 3,1921. The appeal was taken September 5, 1922, by filing an appeal bond expressly disclosing by its recitals that the appeal is from the judgment rendered October 3, 1921. Nor do we discover anything in the record, including the citation of appeal and certificate of the clerk, in contradiction or. qualification of this recital.
[1] The bill of exceptions was presented September 11, 1922, and came too late. The seasonable presentation of the bill of…
2Cases cited4 opinions
- Box v. Southern Railway Co.Supreme Court of Alabama · 1913
- McMillon v. SkeltonSupreme Court of Alabama · 1923
- Sloss-Sheffield Steel & Iron Co. v. SampsonSupreme Court of Alabama · 1920
- Sharpe v. HughesSupreme Court of Alabama · 1918
3Cited by5 opinions
- Shaw v. KnightSupreme Court of Alabama · 1925
- J. H. Arnold & Co. v. JordanSupreme Court of Alabama · 1927
- Cheek v. OdomAlabama Court of Appeals · 1924
- Meade v. MeadeSupreme Court of Alabama · 1924
- Preston Motors Corporation v. GriffinAlabama Court of Appeals · 1924