Johnson v. Frix
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by R. L. Frix against M. B. Johnson for penalty for failure to satisfy a mortgage of record.' Judgment for plaintiff, and defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by R. L. Frix against M. B. Johnson for penalty for failure to satisfy a mortgage of record.' Judgment for plaintiff, and defendant appeals. As a specimen count, count 3 is given, as follows: “Plaintiff claims of defendant the further and additional sum of two hundred ($200) dollars, as a statutory penalty for failure to satisfy on the mortgage records of this county within two months after demand in writing therefor, a certain mortgage executed by plaintiff to Thomas L. Johnson & Co. Plaintiff avers that, after said’…
1Opinion of the CourtMayfield, J.
The majority of the court are of the opinion that the bill of exceptions must be stricken, on appellee’s motion, because not signed within the time prescribed by the statute. It is alleged in this, motion — and the allegation is supported by the affidavits of counsel for appellee — that although on its face the bill of exceptions appears to have been signed within the time allowed by the statute, and to have been indorsed by the trial judge in conformity to tlie statutory requirement as to the time of filing, yet as a matter of fact it was not so signed. The majority are of the opinion that…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Rainey v. RidgewaySupreme Court of Alabama · 1907
- Leeth v. Kornman, Sawyer & Co.Alabama Court of Appeals · 1911
3Cited by8 opinions
- Buchannon v. BuchannonSupreme Court of Alabama · 1929
- Clark v. HendersonSupreme Court of Alabama · 1943
- Bain v. LangAlabama Court of Appeals · 1922
- Denton Bros. v. FosterSupreme Court of Alabama · 1915
- Royal Lumber Co. v. ElsberrySupreme Court of Alabama · 1913
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