Pritchard v. Fowler
Supreme Court of Alabama
Appeal from. Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Ejectment by Laura Fowler and another against William H. Powers, in which Irene Pritchard intervened as landlord, and defends. Judgment for plaintiffs, and defendants appeal. The judgment was rendered October 15, 1909, and the bill of exceptions was signed December 27th following. Motion to strike bill of excep tions because not signed within the time.
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Appeal from. Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Ejectment by Laura Fowler and another against William H. Powers, in which Irene Pritchard intervened as landlord, and defends. Judgment for plaintiffs, and defendants appeal. The judgment was rendered October 15, 1909, and the bill of exceptions was signed December 27th following. Motion to strike bill of excep tions because not signed within the time. Shaw was competent to testify as a non expert as to John Fowler’s condition as to sanity. — Dominic v. Randolph, 124 Ala. 557. Mrs. Pritchard was improperly denied…
1Opinion of the CourtAnderson, J.
The bill of exceptions was presented and signed within the time prescribed by section 8019 of the Code of 1907, which said section, and not the practice act of the city court on the subject of signing bills of exceptions, is in force.—City of Montgomery v. Wyche, 169 Ala. 181, 53 South. 786. The motion to strike the bill of exceptions is overruled.
A judgment in ejectment was never final at common law. Either party failing might bring a new action,, and the former judgment was not a bar to the last suit. This rule has been changed by the statute in this state to the extent that two judgments…
2Cases cited9 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Burney v. TorreySupreme Court of Alabama · 1893
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Dominick v. RandolphSupreme Court of Alabama · 1899
- O'Donnell v. RodigerSupreme Court of Alabama · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Hall v. BrittonSupreme Court of Alabama · 1927
- Russell v. StateSupreme Court of Alabama · 1918
- Zeigler v. CoffinSupreme Court of Alabama · 1929
- Lockridge v. BrownSupreme Court of Alabama · 1913
26 more not listed; retrieve them via the Exa API.