Garlington v. Jones
Supreme Court of Alabama
From the Circuit Court of Chambers. Tried before the Hon. Nat. Cook. IN this case, the appellant’s counsel made a motion to establish a bill of exceptions, whicb the circuit judge bad failed to sign within the time required by law; and submitted, with the motion, several affidavits as to the correctness of the bill tendered; while counter affidavits were submitted on the part of the appellees, denying its correctness.
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From the Circuit Court of Chambers. Tried before the Hon. Nat. Cook. IN this case, the appellant’s counsel made a motion to establish a bill of exceptions, whicb the circuit judge bad failed to sign within the time required by law; and submitted, with the motion, several affidavits as to the correctness of the bill tendered; while counter affidavits were submitted on the part of the appellees, denying its correctness. The following are extracts from the bill: “ On the trial of this cause, the plaintiff read in evidence to the jury anote, as follows: (Here insert the note.)” “The defendants…
1Opinion of the CourtStone, J.
Several papers are mentioned in the bill of exceptions, as constituting a part of it, which are not copied into it; nor are they described by such identifying features as to “leave no room for mistakes in the 'transcribing officer.” ' Under these circumstances, -those papers could not be regarded as part of the bill of exceptions. — Bradley v. Andress, 30 Ala. 80; Looney v. Bush, Minor, 413; Quigley v. Campbell, 12 Ala. 58; Branch Bank v. Moseley, 19 Ala. 222 ; Stodder v. Grant, 28 Ala. 416.
[2.] This being the case, we are not enabled to Imoiv, and to affirm as a fact, that, on each point…
2Cases cited4 opinions
- Bradley v. AndressSupreme Court of Alabama · 1857
- Stodder v. Grant & NickelsSupreme Court of Alabama · 1856
- Branch Bank at Decatur v. MoseleySupreme Court of Alabama · 1851
- Quigley v. CampbellSupreme Court of Alabama · 1847
3Cited by14 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
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