Hughes v. Albertville Mercantile Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. A. H. Alston. Assumpsit by J. W. Hughes against Albertville Mercantile Company. From the judgment, Hughes appeals and submits a motion to establish a bill of exceptions. Subsequently to the handing down of this decision the case was transferred to the Court of Appeals, for a decision on its merits, and will be found reported in .3 Ala. App. 462; 57 South. 98.
1DissentMcCLELLAN, J.
(dissenting.)—When the minute entry and the last paragraph of what purports to be a bill of exceptions, in the transcript, are read together, it appears that the judgment was entered on October 14, 1910, and tht the bill was presented to the presiding *562judge on September 27, 1910, about 17 days before the judgment entry expressly fixes as the date on which the judgment was entered. Since it appears that the court adjourned sine die on July 22, 1910, it seems to be (indeed, it must be, to justify the entertainment of the motion here involved), assumed that the date of the judgment entry is…
2Cases cited10 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Ex parte NelsonSupreme Court of Alabama · 1878
- Weir v. HossSupreme Court of Alabama · 1844
5 more not listed; retrieve them via the Exa API.