Gaston v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This action was brought in the name of the State of Alabama, “for the use of township seven (7), range eight (8), west of the Tallahassee meridian,” against Ned Gaston, to recover the possession of a tract of land containing 80 acres, which was described as “the east half of the south-east quarter of section sixteen, township seven (7), range (8)¿> west of the Tallahassee meridian;” and…
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Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This action was brought in the name of the State of Alabama, “for the use of township seven (7), range eight (8), west of the Tallahassee meridian,” against Ned Gaston, to recover the possession of a tract of land containing 80 acres, which was described as “the east half of the south-east quarter of section sixteen, township seven (7), range (8)¿> west of the Tallahassee meridian;” and was'commenced on the 15th August, 1888. The defendant pleaded in abatement, on the ground that the State of Alabama can not…
1Opinion of the CourtMcCLELLAN, J.
The motion to strike out the bill of exceptions in this record must prevail. Judgment was entered on September 17th, 1889, and with it an order that thirty days be allowed the defendant in which to file a bill of exceptions. On October 15th it was ordered, that “the time for preparing a bill of exceptions by defendant is hereby extended for twenty days from this date." The bill of exceptions shows that it “was tendered and approved” on November 5th, 1889, beyond the time prescribed in the order of October 15th theretofore. The bill of exceptions, therefore, must be stricken from the record,…
2Cases cited2 opinions
- Hall v. WallaceSupreme Court of Alabama · 1854
- Powell v. SturdevantSupreme Court of Alabama · 1887
3Cited by6 opinions
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
- American Book Co. v. StateSupreme Court of Alabama · 1927
- State ex rel. Bell v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1911
- State v. SchmidtSupreme Court of Alabama · 1913
- Ellis v. DrakeSupreme Court of Alabama · 1919
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