Ex Parte Mobile Light R. Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by Elijah Thomas against the Mobile Light & Railroad Company. Judgment for plaintiff, and defendant appealed to the Court of Appeals, which affirmed the judgment (77 South. 463), and defendant brings certiorari. Judgment of Court of Appeals
1Opinion of the CourtMayfield, J.
This application presents to us the question whether or not the Court of Appeals has properly construed section 5364 of the Code, as last amended by the Legislature. Acts 1915, p. 815. The Court of Appeals held that by virtue of the last amendment, the rulings of the trial court, in the giving or refusing of requested charges or instructions to the jury, cannot be reviewed on appeal, unless they appear in the transcript as a part of the record proper, though they do appear in the transcript as a part of the bill of exceptions. If this be a proper construction of the statute, it is made so by…
2Cases cited10 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Alabama Great Southern Railroad v. DobbsSupreme Court of Alabama · 1893
- Southern Railway Co. v. JonesSupreme Court of Alabama · 1902
- Highland Avenue & Belt Railroad v. SouthSupreme Court of Alabama · 1896
- Williams v. Coosa Manufacturing Co.Supreme Court of Alabama · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Russell v. StateSupreme Court of Alabama · 1918
- Hines v. McMillanSupreme Court of Alabama · 1920
- Protective Life Ins. Co. v. WallaceSupreme Court of Alabama · 1935
- Salter v. CarlisleSupreme Court of Alabama · 1921
10 more not listed; retrieve them via the Exa API.