Donahoo v. Tarrant
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Moat. Tarrant against Donahoo & Matthews for damages for breach of warranty in the sale of a mule. Judgment for plaintiff and defendant appeals. Counsel discuss assignments of error relative to the evidence and the charges and cite authorities in support thereof, but do not discuss the points decided.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Moat. Tarrant against Donahoo & Matthews for damages for breach of warranty in the sale of a mule. Judgment for plaintiff and defendant appeals. Counsel discuss assignments of error relative to the evidence and the charges and cite authorities in support thereof, but do not discuss the points decided. The only exception reserved is reserved in such a way as to render it unavailable for a review by this court. — Moore v. The State, 40 So. 345, and authorities there cited. Counsel discuss assignments of error,…
1Opinion of the CourtPelham, J.
There is but one assignment of errer disclosed by the record in this case, and that goes to a certain part of the oral charge of the trial court. It does not appear from the hill of exceptions that the exception was taken and reserved pending the trial, or before the jury retired. At the conclusion of the oral charge as set out in the bill of exceptions, the bill of exceptions contains the following statement: “And defendant. excepted to that part of said oral charge as follows: (Setting out the part of the charge to which an exception was reserved.) ” But there is nothing preceding this…
2Cases cited2 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Reynolds v. StateSupreme Court of Alabama · 1881
3Cited by13 opinions
- Eilola v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1937
- Patterson v. StateAlabama Court of Appeals · 1913
- Tice v. StateAlabama Court of Appeals · 1911
- Long v. StateAlabama Court of Appeals · 1911
- Cable-Burton Piano Co. v. ThomasSupreme Court of Alabama · 1934
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