Kreamer v. Jackson L. Co.
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Action by Susie Kreamer, as administratrix, against the Jackson Lumber Company for damages for the death of her intestate, while in the employment of the defendant. There was judgment for plaintiff, which on motion was set aside and plaintiff appeals and submits on the merits and on a motion to establish a bill of exceptions.
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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Action by Susie Kreamer, as administratrix, against the Jackson Lumber Company for damages for the death of her intestate, while in the employment of the defendant. There was judgment for plaintiff, which on motion was set aside and plaintiff appeals and submits on the merits and on a motion to establish a bill of exceptions. Counsel discusses the case on its merits with citations of authority, but in view of the opinion it is not deemed necessary to here set it out. Counsel also insists that the bill of exceptions should be…
1Opinion of the CourtSomerville, J.
Appellant, who was plaintiff in the court below, recovered a judgment against appellee. The record proper shows this judgment, and also a motion by defendant for a new trial, and the judgment of the court granting the motion. The granting of this motion is the only error assigned. Appellant files her attorney’s affidavit, averring that she prepared and tendei’ed to the trial judge, within the time prescribed by law, a correct bill of exceptions, Avhich he refused to sign; and she makes seasonable application to this court for the establishment of her bill of exceptions. The appeal is…
2Cases cited4 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
- Garlington v. JonesSupreme Court of Alabama · 1861
- Milner Coal & Railroad v. WigginsSupreme Court of Alabama · 1904
3Cited by3 opinions
- Stokes v. HintonSupreme Court of Alabama · 1916
- Bank of Tallassee v. Elmore Fertilizer Co.Alabama Court of Appeals · 1918
- Decatur Cornice & Roofing Co. v. DowlingAlabama Court of Appeals · 1919