Pitard v. McDowell
Alabama Court of Appeals
Appeal from Mobile Circuit Court. Heard before Hou. Samuel B. Browne. Action by Mary A. Pitard against Maude McDowell, and others, to enforce a lien for rent. From an order dismissing the action, plaintiff appeals. The bill of exceptions should be established. — M. & E. R. R. Go. v. Perryman, 7 South. 383. The court erred in refusing the motion to quash the writ. — Section 3259, Oodé 1907; Gray v. So. Ry.
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Appeal from Mobile Circuit Court. Heard before Hou. Samuel B. Browne. Action by Mary A. Pitard against Maude McDowell, and others, to enforce a lien for rent. From an order dismissing the action, plaintiff appeals. The bill of exceptions should be established. — M. & E. R. R. Go. v. Perryman, 7 South. 383. The court erred in refusing the motion to quash the writ. — Section 3259, Oodé 1907; Gray v. So. Ry. Go., 116 Ala. 654; Sellers v. Smith, 39 South. 356; Walsh v. Hill, 53 South. 746. The court erred in charging affirmatively on the plea in abatement. — Johnson v. The State, 17 South. 99.…
1Opinion of the CourtPelham, J.
The case is submitted on motion to establish a bill of exceptions and on the merits.. The application to establish the bill of exceptions is supported by proof that the bill set out in the transcript was presented to the trial judge within the time provided by law, and that it is correct, but that the judge refused to approve and sign it on the ground that it was incorrect. The evidence introduced in support of the motion to establish the bill as correct is without conflict and ample. The motion to-establish the bill of exceptions is granted.
It is shown by the record in this case that the…
2Cases cited3 opinions
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- Dryer v. AbercrombieSupreme Court of Alabama · 1877
- Gray v. Southern Railway Co.Supreme Court of Alabama · 1897
3Cited by3 opinions
- Birmingham Realty Co. v. City of BirminghamSupreme Court of Alabama · 1921
- Barnes v. BurkeCourt of Civil Appeals of Alabama · 1970
- Ex parte BryantAlabama Court of Appeals · 1955