Stearn & Co. v. Lehman-Durr & Co.
Supreme Court of Alabama
Trial of Right of Property. Appeal from Geneva Circuit Court. Heard before Hon. J. M. Carmichael. Claim suit in which Charles H. Stern & Co., was plaintiff with N. J. Harris, defendant, and Lehman-Durr & Co., claimants. Judgment for the claimants and the plaintiff appeals.
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Trial of Right of Property. Appeal from Geneva Circuit Court. Heard before Hon. J. M. Carmichael. Claim suit in which Charles H. Stern & Co., was plaintiff with N. J. Harris, defendant, and Lehman-Durr & Co., claimants. Judgment for the claimants and the plaintiff appeals. The matters here decided was on motion to set aside the original affirmance and to vacate the order striking the bill of exceptions, which order was entered upon motion of the appellee, because it did not appear from the bill of exceptions that it was signed in term time, or under any agreement in vacation. In support of…
1Per curiam
Motion is made to set aside the affirmance of the judgment in this cause, rendered during the present term, and to vacate the order striking the bill of exceptions from the record. This order was made upon the ground that the bill of exceptions was without date, and was not shown by the record to have been signed within the time prescribed by the statute, which includes four classes of cases. It must appear either (1) that such bill was signed in term-time, before adjournment of the court during which the exceptions was taken; or (2) that it was signed within a certain time after *443adjournment,…
2Cases cited7 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Bryant v. StateSupreme Court of Alabama · 1860
- Parsons v. WoodwardSupreme Court of Alabama · 1882
- Union India Rubber Co. v. MitchellSupreme Court of Alabama · 1861
- Posey v. BealeSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Beatty v. McMillanSupreme Court of Alabama · 1933
- Pate v. StateSupreme Court of Alabama · 1943