Crews v. State Ex Rel. Patterson
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Bill by the State of Alabama, on the relation of T. M. Patterson, its Solicitor, against Helen Crews and another, to condemn land because of the operation by them, or knowingly permitting the operation, of a distillery for the making of contraband liquors. From a decree of condemnation, respondents appeal. The answers admit the ownership of the land, but deny all the other allegations of the bill.
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Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Bill by the State of Alabama, on the relation of T. M. Patterson, its Solicitor, against Helen Crews and another, to condemn land because of the operation by them, or knowingly permitting the operation, of a distillery for the making of contraband liquors. From a decree of condemnation, respondents appeal. The answers admit the ownership of the land, but deny all the other allegations of the bill. The cause was tried on oral proof before the court, and a decree was rendered granting the relief prayed against Helen Crews and Jim…
1Opinion of the CourtSomerville, J.
[1] The rule must now be regarded as settled that in all eases tried in the circuit court, sitting in equity, though the testimony be heard orally by the judge under the Act of September 22, 1915 (Gen. Acts 1915, p. 705), rule 75 must be observed, and that in the absence from the record of a note of testimony, as prescribed by that rule, no testimony can be considered either by the trial judge or by this court on appeal. Lunday v. Jones, 204 Ala. 326, 85 South. 411; Five Hundred Sacks of Feed v. State of Alabama, 205 Ala. 315, 87 South. 348; Brassell v. Brassell, 205 Ala. 201, 87 South. 347.
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2Cases cited3 opinions
- Brassell v. BrassellSupreme Court of Alabama · 1921
- Lunday v. JonesSupreme Court of Alabama · 1920
- In Re 500 Sacks of Feed and 165 Sacks of FeedSupreme Court of Alabama · 1921
3Cited by16 opinions
- Hymes v. StateSupreme Court of Alabama · 1923
- Johnston v. JohnstonSupreme Court of Alabama · 1934
- Thompson v. MenefeeSupreme Court of Alabama · 1928
- Jones v. MooreSupreme Court of Alabama · 1927
- Conner v. State Ex Rel. PerrySupreme Court of Alabama · 1925
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