Henry v. Couch
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Tried before Hon. J. A. Bilbko. in opposing the motion to dismiss tlie appeal, cited Elliott’s Appellate Proc.. §§ 83, 86, 159; P>aylie’s New Trial, p. 39. in support of the motion to dismiss the appeal, cited Dumar v. Hunter, 28 Ala. 688; s. c. 30 Ala. 188; Deslonde v. Garter, 27 Ala. 541; Burdine v. Mistime, 33 Ala. 634; Espy v. Ballmm, 45 Ala. 256; 2 Ency.
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Appeal from Marshall Circuit Court. Tried before Hon. J. A. Bilbko. in opposing the motion to dismiss tlie appeal, cited Elliott’s Appellate Proc.. §§ 83, 86, 159; P>aylie’s New Trial, p. 39. in support of the motion to dismiss the appeal, cited Dumar v. Hunter, 28 Ala. 688; s. c. 30 Ala. 188; Deslonde v. Garter, 27 Ala. 541; Burdine v. Mistime, 33 Ala. 634; Espy v. Ballmm, 45 Ala. 256; 2 Ency. PI. & Pr., 217, 219; Myers v. Lan-drum, 4 Wash. 762; Altport v. Kelly, 2 Mont. 343; Scranton v. Mallard, 64 Ala. 402; Oreswell v. Commissioners, 24 Ala. 282; Kelly v. Dugan, 111 Ala. 152; Espy r.…
1Opinion of the CourtDowdell, J.
— This was an action in trover brought by the plaintiff, Henry, against M. P. Couch and Thomas Rice. On the trial judgment was rendered in favor of the defendant Oduch and against the defendant Rice. Thereupon the defendant Rice made a motion to- set aside the verdict and judgment rendered against him and to have a new trial. This motion the court granted. The judgment as to Couch was not disturbed. The plaintiff Henry appeals. The certificate of appeal recites that the appeal is ta.ken from “the judgment of the circuit court rendered against the plaintiff,” etc. Motion is now made to>…
2Cited by6 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
- Dees v. Lindsey Mill Co.Supreme Court of Alabama · 1923
- Irby v. KaiglerAlabama Court of Appeals · 1912
- Mahan v. SmithSupreme Court of Alabama · 1907
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