Terry v. Montgomery
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. C. NeSmith. Contest of election between B. P. Montgomery and E. A. Terry, for the office, of mayor of the town of Warrior.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. C. NeSmith. Contest of election between B. P. Montgomery and E. A. Terry, for the office, of mayor of the town of Warrior. Terry was the successful party and Montgomery entered motion to retas; the costs which was granted, from which motion Terry appeals Counsel insist that the action of the court was error in that the witnesses were entitled to their per diem or mileage for the intervention of tlie Sunday on which they returned to their home, returning to court again on the following-day, the contention being that the witness is not…
1Opinion of the CourtSayre, J.
This appeal is taken from a judgment of the circuit court retaxing the fees of certain witnesses in a case which had been tried in that court. The clerk liad issued certificates to the witnesses, and these were the items complained of. Elsewhere these certificates would be prima facie evidence of what appeared on their face.—Ward v. Chavers, 115 Ala. 427, 22 South. 116. Nevertheless, the court having determined that they had been improvidently issued, the presumption is that the judgment of the court in the premises is free from error, and the burden rests upon the appellant to show the…
2Cases cited3 opinions
- Beadle v. DavidsonSupreme Court of Alabama · 1883
- Forcheimer & Co. v. KaverSupreme Court of Alabama · 1885
- Ward v. ChaversSupreme Court of Alabama · 1896
3Cited by3 opinions
- Dorrough v. MacKensonSupreme Court of Alabama · 1936
- Porter v. Tennessee Coal, Iron & R. R. Co.Alabama Court of Appeals · 1915
- United States v. HoxieDistrict Court, D. Alaska · 1930