Hudgins v. Pickens County
Alabama Court of Appeals
Appeal from Pickens Circuit Court. Heard before Hon. Bernard Harwood. • Assumpsit by Pickens County against L. C. Hudgins, Judge of Probate, and tbe sureties on his bond to collect tbe balance due tbe county for a certain mortgage tax. Judgment for- plaintiff, and defendant appeals. On tbe original brief counsel discuss tbe merits of tbe case.
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Appeal from Pickens Circuit Court. Heard before Hon. Bernard Harwood. • Assumpsit by Pickens County against L. C. Hudgins, Judge of Probate, and tbe sureties on his bond to collect tbe balance due tbe county for a certain mortgage tax. Judgment for- plaintiff, and defendant appeals. On tbe original brief counsel discuss tbe merits of tbe case. On application for rehearing, appellant filed an affidavit showing that the transcript of tbe record was made up and forwarded to this court by tbe clerk of tbe circuit court without giving tbe attorneys an opportunity to see it or assign errors, and…
1Opinion
ON APPLICATION FOR REHEARING.
Courts do not favor the dismissal of appeals for defects in the mode or manner of their presentation, and on the showing made and arguments advanced for appellants in the application for a rehearing in this case we should be inclined to look favorably on the request urged upon us to permit a withdrawal of the submission for the purpose of assigning errors on the trans-script, to the end that the case be considered on its merits, if it were not for the condition in which we find the *231transcript. It is loosely tied together without any attempt at sealing, contains no…
2Cases cited3 opinions
- Pensacola, A. & W. Ry. Co. v. Big Sandy Iron Co.Supreme Court of Alabama · 1906
- Grantham v. StateAlabama Court of Appeals · 1912
- City of Demopolis v. AtkeisonAlabama Court of Appeals · 1912