Alabama Steel & Wire Co. v. Sells
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by W. E. Sells as administrator, etc., and others against tbe Alabama Steel & Wire Company, for tlie death of intestate, an employee, of tbe defendant. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by W. E. Sells as administrator, etc., and others against tbe Alabama Steel & Wire Company, for tlie death of intestate, an employee, of tbe defendant. Judgment for plaintiff and defendant appeals. Counsel discuss the questions sought to be raised and presented by the bill of exceptions in the mode and manner described in the opinion, and cite some authorities in support of some of their contentions, but in view of the opinion, it is deemed unnecessary to set them out. The bill of exceptions cannot be looked to for…
1Opinion of the CourtDowdell, C. J.
The mere repetition, in brief of counsel for appellant, of the assignment of an error on the record, without more, has been repeatedly decided by this court not to amount to insistence in argument, and in such case the assignment will be regarded as waived.—Birmingham Railway, Light & Power Co. v. Oldham, 141 Ala. 200, 37 South. 452; B. R., L. & P. Co. v. Landrum, 153 Ala. 192, 45 South. 201, 127 Am. St. Rep. 25, and other cases.
As a sample of the argument in appellant’s brief, on many of the assignments of error, we quote the following: “The questions propounded by plaintiff to the witnesses…
2Cases cited4 opinions
- Birmingham Ry. L. & P. Co. v. LandrumSupreme Court of Alabama · 1907
- McCarver v. Doe ex dem. HerzbergSupreme Court of Alabama · 1902
- Griffith v. RudisillSupreme Court of Alabama · 1904
- People's Savings Bank & Trust Co. v. KeithSupreme Court of Alabama · 1902
3Cited by9 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Schneider v. Southern Cotton Oil Co.Supreme Court of Alabama · 1920
- Calvert v. BynumSupreme Court of Alabama · 1951
- Morton v. ClarkAlabama Court of Appeals · 1914
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