Legal Opinion

Clancy v. Taylor

Alabama Court of Appeals

Decided April 8, 1915PublishedCited by 1 opinion

Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by John M. Clancy against James P. Taylor and others. Judgment for defendants, and plaintiff appeals.

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Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by John M. Clancy against James P. Taylor and others. Judgment for defendants, and plaintiff appeals. The action was on the common counts, to which several pleas were filed, among which is plea 2, as amended: On, to wit, July 13, 1913, defendant was contemplating a dissolution of the partnership then existing between defendant James P. Taylor and Grover C: Clancy, doing business at Pritchard, Ala., and purchasing the interest of said Clancy therein, and assuming the indebtedness and liability of said…

1Opinion of the CourtBrown, J.

The appellees before submission of this case entered a motion to strike the bill of exceptions because it was prepared in violation of rule 32, Circuit and Inferior Court Practice (Code 1907, vol. 2, p. 1526), *560and the case was submitted on this motion and on the merits.

The paper signed by the trial judge and set out in the record as a bill of exceptions is nothing but a full stenographic report of the trial, embodying the questions of counsel and the answers of the witnesses, as well as the remarks made by the court and counsel as the tidal proceeded. While the only question sought to be…

2Cases cited12 opinions

  1. Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
  2. Bessierre v. Ala. City G. & A. R. R.Supreme Court of Alabama · 1912
  3. Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911
  4. Gassenheimer Paper Co. v. Marietta Paper Manufacturing Co.Supreme Court of Alabama · 1899
  5. Irby v. KaiglerAlabama Court of Appeals · 1912

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3Cited by1 opinion

  1. J. H. Arnold & Co. v. Pinckard & LayAlabama Court of Appeals · 1918

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