Legal Opinion

Baker v. Central of Georgia Railway Co.

Supreme Court of Alabama

Decided February 10, 1910PublishedCited by 11 opinions

Damages for Causing Overflow of Land. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Joe' Baker against the Central of Georgia Bailway Company for damage to land by overflow. Judgment for defendant and plaintiff appeals.

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Damages for Causing Overflow of Land. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Joe' Baker against the Central of Georgia Bailway Company for damage to land by overflow. Judgment for defendant and plaintiff appeals. Counsel discuss the motion to strike the bill of exceptions and insist that there is no showing that the bill was not signed within the time required by law, and it appearing that the bill was in fact' approved by the judge, it would" be presumed that it was signed and. approved within the time allowed by law. Counsel also discuss the merits of…

1Opinion of the CourtMayfield, J.

— The bill of exceptions in this case must, be stricken on the appellee’s motion. It is not made to appear when the bill of exceptions was signed, nor that it was signed within 90 days from the time it was presented to the trial judge. This much is necessary, to withstand the motion of appellee to strike. The statutes regulating the time and mode of presenting and signing bills of exceptions are as follows: “When Bill Signed. — Bills of exceptions may be presented at any time within 90 days from the day on which the judgment is entered, and not afterwards; and all general, local, or special…

2Cases cited12 opinions

  1. Ladd v. StateSupreme Court of Alabama · 1890
  2. Bryant v. StateSupreme Court of Alabama · 1860
  3. Driver v. KingSupreme Court of Alabama · 1906
  4. Rosson v. StateSupreme Court of Alabama · 1890
  5. Bass Furnace Co. v. GlasscockSupreme Court of Alabama · 1888

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Patterson v. AlabamaSupreme Court of the United States · 1935
  2. Ex Parte City Bank & Trust Co.Supreme Court of Alabama · 1917
  3. Buck Creek Lumber Co. v. NelsonSupreme Court of Alabama · 1914
  4. Patterson v. StateSupreme Court of Alabama · 1934
  5. Ex Parte HillSupreme Court of Alabama · 1921

6 more not listed; retrieve them via the Exa API.

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