Leeth v. Kornman, Sawyer & Co.
Alabama Court of Appeals
Appeal from Culman Circuit Court. Heard before Hon. D. W. Speak®. Trial of the right of property between G. -S. Leeth and Kornman, Sawyer & Co. Judgment for plaintiffs and claimant appeals. Submitted on motion to dismiss the appeal and to strike the bill of exceptions.
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Appeal from Culman Circuit Court. Heard before Hon. D. W. Speak®. Trial of the right of property between G. -S. Leeth and Kornman, Sawyer & Co. Judgment for plaintiffs and claimant appeals. Submitted on motion to dismiss the appeal and to strike the bill of exceptions. The motion to strike the bill of exceptions should be denied, as it has been many times decided that extrinsic evidence is not permissible to show compliance with the statute, or failure to- comply therewith as.respects signing a bill of exception. — Morris v. Brannon, 103 Ala. 602; Chapman x>. Holder, 54 Ala. 61; Maddgoe v.…
1Opinion of the CourtPelham, J.
This case is submitted on a motion to dismiss the appeal, a motion to strike the bill of exceptions, on objections to the evidence in support of the motion to strike and on the merits. The motion to dismiss the appeal is not insisted on by appellee in his brief, and will not be considered.
The ground set up by motion for striking, the bill of exceptions is that the bill is not properly a part of the record, for that it was not presented to the judge who presided at the trial within 90 days from the day on which the judgment was entered, as required by statute. The judgment was entered, as…
2Cases cited9 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Rainey v. RidgewaySupreme Court of Alabama · 1907
- Chapman v. HoldingSupreme Court of Alabama · 1875
- Baker v. Central of Georgia Railway Co.Supreme Court of Alabama · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- National Pyrites & Copper Co. v. WilliamsSupreme Court of Alabama · 1921
- Foote v. StateAlabama Court of Appeals · 1917
- Johnson v. FrixSupreme Court of Alabama · 1912
- Collins v. StateAlabama Court of Appeals · 1916
6 more not listed; retrieve them via the Exa API.