Anniston Electric & Gas Co. v. Cooper
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the ITon. John Pelham. This was an action brought by the appellee against the appellant, to recover damages for the alleged wrongful ejection of the plaintiff from one of the defendants cars by a servant of the defendant and for assaults made upon the plaintiff by the defendant’s servant in ejecting him from said car. From a judgment in favor of the plaintiff the defendant appeals.
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Appeal from the Circuit Court of Calhoun. Tried before the ITon. John Pelham. This was an action brought by the appellee against the appellant, to recover damages for the alleged wrongful ejection of the plaintiff from one of the defendants cars by a servant of the defendant and for assaults made upon the plaintiff by the defendant’s servant in ejecting him from said car. From a judgment in favor of the plaintiff the defendant appeals. In this court the appellee moved the court to strike the bill of exceptions from the record, upon the ground that it was not signed Avithin the time prescribed…
1Opinion of the Court
MoüLELLAN, C. J.
It lias been the settled law in this State since the decision of the case of Kitchen v. Moye, (17 Ala. 143), that it must affirmatively appear upon the record in this court that the bill of exceptions was signed within the time prescribed by law, else it will be stricken.
The bill in this case was not signed in term time; but the court on November 29, 1901, made this order: “And defendant is allowed thirty days within which to present, file and have signed a bill of exceptions.” No bill was signed, filed or presented within the period thus allowed which expired, in usual…
2Cases cited3 opinions
- Allen v. ElliottSupreme Court of Alabama · 1880
- Kitchen v. MoyeSupreme Court of Alabama · 1849
- Ex parte JamesSupreme Court of Alabama · 1899
3Cited by5 opinions
- Leeth v. Kornman, Sawyer & Co.Alabama Court of Appeals · 1911
- Caravella v. Bernheim Distilling Co.Alabama Court of Appeals · 1915
- Gulf Yellow Pine Lumber Co. v. MonkSupreme Court of Alabama · 1907
- McNutt v. StateSupreme Court of Arkansas · 1924
- People ex rel. Murabito v. EhlerAppellate Court of Illinois · 1926