Smith v. Smith
Supreme Court of Alabama
Appeal from Birmingham Cty Court. Heard before Hon. C. W. Ferguson. Action by Alfred Smith against C. D. Smith and others. From a judgment dismissing the cause plaintiff appeals. The court erred in making the order of dismissal of Oct. 9th, and also in overruling appellant’s motion to set aside and vacate such order. — Section 8687, Code 1907; First Nat.
Read the full summary
Appeal from Birmingham Cty Court. Heard before Hon. C. W. Ferguson. Action by Alfred Smith against C. D. Smith and others. From a judgment dismissing the cause plaintiff appeals. The court erred in making the order of dismissal of Oct. 9th, and also in overruling appellant’s motion to set aside and vacate such order. — Section 8687, Code 1907; First Nat. Bank v. Cheney, 120 Ala. 122; Whittaker v. Sanford, 13 Ala. 522; 1 Brickell’s Dig. secs. 103-4; Reese v. Billing, 9 Ala. 263; A. & T. R. R. Co. v. Harris, 25 Ala. 232. Notice should have been given to appellant or counsel before the order of…
1Opinion of the CourtMcCLELLAN, J.
This appeal is from a judgment dismissing this cause for failure of the plaintiff (a nonresident) to comply with an order of the court requiring him to give security for costs, and adjudging that defendants have and recover of the plaintiff their costs in that behalf expended.
This judgment was rendered October 9, 1909. The bill of exceptions Avas presented to the trial judge on June 21, 1910, more than 90 days after the entry of the judgment to revise which this appeal is taken. The appellees move this court to strike the bill, because not presented within 90 days after the judgment was…
2Cases cited3 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Smith v. StateSupreme Court of Alabama · 1910
- King v. Hill & Shafer Co.Supreme Court of Alabama · 1909
3Cited by1 opinion
- McOllister v. StateSupreme Court of Alabama · 1913