McGhee & Fink v. Reynolds
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake . This was an action brought by the appellee, Mariah Reynolds, against the appellants, McGhee & Fink, receivers of the Memphis & Charleston Railroad Company. The cause was tried at the regular term of the circuit court for Morgan county, on April 20, 1897. At the time of the trial 9f this cause Hon. H. C. Speake, who was the judge of that circuit, was present and presiding.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake . This was an action brought by the appellee, Mariah Reynolds, against the appellants, McGhee & Fink, receivers of the Memphis & Charleston Railroad Company. The cause was tried at the regular term of the circuit court for Morgan county, on April 20, 1897. At the time of the trial 9f this cause Hon. H. C. Speake, who was the judge of that circuit, was present and presiding. Subsequent to the rendition of judgment in this case, and later during the term, Judge Speake became sick, and thereupon 0. Kyle, Esq., was…
1Opinion of the CourtHaralson, J.
1. Even if the motion to strike from the transcript the pages which show the appointment of a special judge at the term of the court be not granted, it could not be allowed that Judge Speake, who tried this case, did not have the authority to sign the bill of exceptions. It appears he tried it in the earlier part of the term, which began on the second Monday in April, 1897. The Governor, by virtue of the act approved February 18th, 1895, providing “for the holding of regular terms of the circuit and chancery courts when the judge or chancellor fails to attend,” etc., (Acts, 1894-95, p. 1135),…
2Cases cited14 opinions
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
- Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
- Chicago, Burlington & Quincy R. R. v. GriffinIllinois Supreme Court · 1873
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Rasco v. JeffersonSupreme Court of Alabama · 1904
- Central of Georgia Railway Co. v. GrossSupreme Court of Alabama · 1914
- Carter v. ShugarmanSupreme Court of Alabama · 1916
- Texas & Pacific Railway Co. v. PayneTexas Supreme Court · 1905
19 more not listed; retrieve them via the Exa API.