Central of Georgia Ry. Co. v. Ashley
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by F. E. Ashley against the Central of Georgia Railway Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by F. E. Ashley against the Central of Georgia Railway Company. Judgment for plaintiff, and defendant appeals. The only counts that are referred to in the opinion and necessary to be here set out are the fifth, sixth, and seventh counts, which are as follows: “(5) Plaintiff claims of the defendant the sum of $1,999 as damages, for this: That heretofore, on to wit, the 15th day of September, 1904, the defendant was engaged in operating by steam a railway ms a common carrier of passengers from the city of Montgomery, in…
1Opinion of the CourtMcCLELLAN, J.
The necessary continuity of the time, from the main trial to the date of the attempted authentication of the purported bill of exceptions for that trial, within which it should, to be effective, have been signed, was broken by the effort of the court, instead of the presiding judge, to extend it. — Scott v. State, 141 Ala. 39, 37 South. 366; Arnett v. Western Ry., (Ala.) 39 South. 775; Western Ry. v. Russell, 144 Ala. 142, 39 South. 311, 113 Am. St. Rep. 24. Hence, so far as the main trial is concerned, the paper purporting to be a bill of exceptions thereon is valueless.
Counsel for appellant…
2Cases cited11 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Western Ry. v. RussellSupreme Court of Alabama · 1905
- Alabama Chemical Co. v. NilesSupreme Court of Alabama · 1908
- Alabama Great Southern Railroad v. ShahanSupreme Court of Alabama · 1896
- Griel v. LomaxSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sims v. Alabama Water Co.Supreme Court of Alabama · 1920
- Cartwright v. HughesSupreme Court of Alabama · 1933
- King v. SmithSupreme Court of Alabama · 1972
- Moving Picture MacHine Operators Local No. 236 v. CaysonSupreme Court of Alabama · 1967
- Central of Georgia Railway Co. v. AshleySupreme Court of Alabama · 1909
16 more not listed; retrieve them via the Exa API.