Stein v. McArdle & Waters
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKinstry. MotioN to establish a bill of exceptions. In support of the motion, Mr. Robinson, of counsel for the appellant, submitted the affidavits of himself, Mr. Blount, and Mr. Chamberlain, who were attorneys for the appellant in the court below, in which they stated that the case (involving less than $20) was submitted to the decision of the court without the intervention of a jury, and was taken under…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKinstry. MotioN to establish a bill of exceptions. In support of the motion, Mr. Robinson, of counsel for the appellant, submitted the affidavits of himself, Mr. Blount, and Mr. Chamberlain, who were attorneys for the appellant in the court below, in which they stated that the case (involving less than $20) was submitted to the decision of the court without the intervention of a jury, and was taken under advisement; that they frequently applied to the judge to know whether he had decided the case, and were informed by him…
1Opinion of the CourtGoldthwaite, J.
A motion is made to establish a bill of exceptions in this case under section 2856 of the Code. The affidavits, on which the application is based, show that the exceptions were not reduced to writing, and submitted to the judge for his signature, until more than twenty days after the rendition of the judgment; and as under the eighth section of the act of 17th February, 1854, (Acts 1853-4, p. 92,) the judgment after that period became final, as much so, in the language of the act, “as if the minutes of the court had been signed, and the court adjourned,” we must regard the exceptions as if…
2Cited by6 opinions
- Bryant v. StateSupreme Court of Alabama · 1860
- Crowe v. Corporation of Charles TownWest Virginia Supreme Court · 1907
- Bradberry v. StateSupreme Court of Alabama · 1910
- Danforth & Armstrong v. Tennessee & Coosa River RailroadSupreme Court of Alabama · 1892
- Johnson v. WashburnSupreme Court of Alabama · 1893
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