Hester v. Cantrell
Supreme Court of Alabama
Breach of Contract. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Action by J. P. Cantrell against Mrs. I. M. Hester and others, for breach of contract. Judgment for plaintiff and defendants appeal. Counsel discuss the assignments of error raised upon the record as shown by the bill of exceptions, but in view of the decision it is not deemed necessary to set them out.
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Breach of Contract. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Action by J. P. Cantrell against Mrs. I. M. Hester and others, for breach of contract. Judgment for plaintiff and defendants appeal. Counsel discuss the assignments of error raised upon the record as shown by the bill of exceptions, but in view of the decision it is not deemed necessary to set them out. The bill of exceptions in this case is constructed in violation of rule 32, circuit court practice, and should be stricken. There is no assignment of error on the record proper, and hence, the cause should…
1Opinion of the CourtMcCLELLAN, J.
The bill of exceptions expressly purports to he, as it is, nothing other than the steno*491graphic report of the trial below. It is, hence, constructed. in patent violation of rule 32 of circuit court practice (Civ. Code 1907, p. 1526). It will be stricken. —Gassenheimer & Co. v. Marietta Co., 127 Ala. 183, 28 South. 564; Sou. Ry. Co. v. Jackson, 133 Ala. 384, 31 South. 988; Woodward Iron Co. v. Herndon, 130 Ala. 364, 375, 376, 30 South. 370.
There is no error assigned as upon the record proper, so the judgment is affirmed.
Affirmed.
Dowdell, C. J., and Simpson and Mayfield, JJ., concur.
2Cases cited3 opinions
- Gassenheimer Paper Co. v. Marietta Paper Manufacturing Co.Supreme Court of Alabama · 1899
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1900
- Southern Railway Co. v. JacksonSupreme Court of Alabama · 1901
3Cited by8 opinions
- Turner v. ThorntonSupreme Court of Alabama · 1915
- Irby v. KaiglerAlabama Court of Appeals · 1912
- Lucas v. MaysAlabama Court of Appeals · 1911
- Collins v. Vaughn Realty Co.Supreme Court of Alabama · 1928
- J. H. Arnold & Co. v. Pinckard & LayAlabama Court of Appeals · 1918
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