Legal Opinion

Harton v. Town of Avondale

Supreme Court of Alabama

Decided July 6, 1906PublishedCited by 12 opinions

Apeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. This bill was filed by the appellant against appellee, reciting that certain street improvements had been made abutting her property, and that the costs of said street improvement had been assessed against her property, without regard to the benefits accruing from said improvement to her property, and-greatly in excess of the value derived from said improvement or the benefits accruing to the property…

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Apeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. This bill was filed by the appellant against appellee, reciting that certain street improvements had been made abutting her property, and that the costs of said street improvement had been assessed against her property, without regard to the benefits accruing from said improvement to her property, and-greatly in excess of the value derived from said improvement or the benefits accruing to the property therefrom, and alleging, also-, the acts of the general assembly under the authority of which the town of Avondale was making…

1Opinion of the CourtSimpson, J.

It appears from the record that the judgment appealed from in this'case was rendered on January 31, 1905; that there were orders by the presiding judge successively extending the time for signing the bill of exceptions to December 1st; and that the bill was signed November 13, 1905, which was more than nine months after the date of the judgment and beyond- the next term of the court: Section 620 of the code of 1.896 is imperative that “the time all owed for signing a bill of exceptions must not be extended beyond six months from the adjournment of court,” and rule 30, p. 1200, of the code of…

2Cases cited19 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  3. Spencer v. MerchantSupreme Court of the United States · 1888
  4. Hitchcock v. GalvestonSupreme Court of the United States · 1878
  5. Bolton v. GilleranCalifornia Supreme Court · 1894

14 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. City of Birmingham v. WillsSupreme Court of Alabama · 1912
  2. Missouri, K. & T. Ry. Co. v. City of TulsaSupreme Court of Oklahoma · 1914
  3. Kerker v. BocherSupreme Court of Oklahoma · 1908
  4. McRea v. Marion CountySupreme Court of Alabama · 1931
  5. City of Tuscaloosa v. HillSupreme Court of Alabama · 1915

7 more not listed; retrieve them via the Exa API.

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