Kerley v. Vann
Supreme Court of Alabama
This was an application, made at the last term, to set aside the judgment of affirmance then rendered, and to reinstate the case upon the docket, &c.
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This was an application, made at the last term, to set aside the judgment of affirmance then rendered, and to reinstate the case upon the docket, &c. Rice, Jones & Wiley urged, in support of the application, that as the appeal gave jurisdiction, and the parties believed that consent of counsel was as valid to cure omissions in a bill of exceptions as in other parts of the record, although mistaken in this, that the case was one in which the discretion of the court should be exercised to relieve the parties from the effects of their common mistake.
1Per curiam
The judgment below in this cause was rendered at the Spring term of the circuit court in’ 1873; and the appeal from it to this court was taken to the June term of this court of the same year, 1873.
The bill of exceptions was not signed by the circuit judge, though it was agreed that he might sign in vacation, tbe writing found in the record pui-porting to be such. But not having done so, the counsel of the parties agreed in writing that the intended bill of exceptions might be considered as signed by the judge and treated in this court as duly completed ; and thereupon it was sent up as a part…
2Cited by9 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Southern Express Co. v. BlackSupreme Court of Alabama · 1875
- Clark v. McCrarySupreme Court of Alabama · 1885
- Grand United Order of Eagles, E. B. S. T. v. WorkmanSupreme Court of Alabama · 1928
- Lynn v. WrightAlabama Court of Appeals · 1948
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