Orr v. Sparkman
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, H. A. Sparkman, against the appellant, Ned Orr, and counted upon a promissory note, executed by the defendant to one Robert S. Henry, on May 15, 1896, and payable June 15, 1896, at the First National Bank of Decatur.
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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, H. A. Sparkman, against the appellant, Ned Orr, and counted upon a promissory note, executed by the defendant to one Robert S. Henry, on May 15, 1896, and payable June 15, 1896, at the First National Bank of Decatur. This note was transferred by Henry, the payee therein, to the plaintiff, on June 20, 1896. This suit was originally instituted in a justice of the peace court; and judgment being rendered therein in favor of the defendant, an appeal was taken to the circuit…
1Opinion of the CourtHaralson, J.
1. Motion is here made to strike all that part of the transcript on pages 3 to 17, inclusive, beginning with “summons and complaint” oh page 3, and extending to “Notice of appeal”' on page 17, on the grounds, that what is there transcribed is surplusage, and has no place in the record of the cause, and that the same is unnecessary to the proper determination of the cause, is useless, cumbersome to the transcript, and adds unnecessarily to the expense of the same.
The papers therein transcribed had reference to a garnishment proceeding in the main case, in nowise involved in the appeal to the…
2Cases cited4 opinions
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- Scott v. TaulSupreme Court of Alabama · 1896
- Hart v. AdlerSupreme Court of Alabama · 1895
- Brown v. First National BankSupreme Court of Alabama · 1893
3Cited by9 opinions
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- Winslow Gas Co. v. PlostIndiana Court of Appeals · 1919
- Williams v. PratherSupreme Court of Alabama · 1938
- Graham v. O'NealSupreme Court of Alabama · 1941
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