Marsicano v. Phillips
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Mrs. Mary Phillips against Joe Marsicano. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Mrs. Mary Phillips against Joe Marsicano. Judgment for plaintiff, and defendant appeals. The complaint is as follows: “Plaintiff: claims of defendant $1,200 damages for the breach of a contract of lease between the plaintiff and defendant on the 7th day of July, 1910, wherein plaintiff leased from defendant the entire second floor of the two-story brick building situated at 523 and 525 Seventeenth street in the city of Ensley, to be used and occupied by the plaintiff as a boarding and rooming house, and plaintiff…
1Opinion of the CourtPelham, J.
Quite a number of charges, designated by captions in the margin of the record as “plaintiff’s given charges” and “defendant’s refused charges,” are set out in the transcript; but the transcript contains no bill of exceptions. Counsel for the appellant and appellee argue at some length on the court’s rulings in giving and refusing these charges. The transcript nowhere affirmatively shows that the charges were separately requested, or that they were requested in Avriting, or requested before the jury retired, and, not being presented by a bill of exceptions, they cannot be reviewed here.-…
2Cases cited11 opinions
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Alabama Great Southern Railroad v. DobbsSupreme Court of Alabama · 1893
- Hayes v. MillerSupreme Court of Alabama · 1907
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Woodstock Iron Works v. StockdaleSupreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pantaze v. WestAlabama Court of Appeals · 1913
- Hathcock v. MitchellSupreme Court of Alabama · 1965
- Amii v. AdamsHawaii Supreme Court · 1953
- Sloss-Sheffield Steel & Iron Co. v. DevaneyAlabama Court of Appeals · 1912
- Walker v. IngramAlabama Court of Appeals · 1948