Legal Opinion

Geter v. Central Coal Co.

Supreme Court of Alabama

Decided January 16, 1907PublishedCited by 14 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Kitt Geter against tbe Central Coal Company. From a judgment for defendant, plaintiff appeals. Many assignments of error are predicated upon tbe action of tbe court upon the trial of the cause, but are not considered in the opinion, for the reason clearly Stated therein.

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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Kitt Geter against tbe Central Coal Company. From a judgment for defendant, plaintiff appeals. Many assignments of error are predicated upon tbe action of tbe court upon the trial of the cause, but are not considered in the opinion, for the reason clearly Stated therein. Plaintiff filed an application for a neAV trial, assigning the following grounds: “(1) Because the plaintiff was taken by suiprise on the trial in this: That' the defendant, through one of its officers, claimed that on a certain day,' when in…

1Opinion of the Court

TYSON, C. J. —

This case was tried on the 30th day of September, 1902. On the 30th day of October following a motion for a new trial was entered. This motion was disposed of on the 30th day of June, 1905, by judgment overruling it. The bill of exceptions in the record was signed on the 18th day of October of 'the same year, but within the time allowed for its signing by an order *581of the court made when the motion ivas denied and other orders of the piesiding judge made in vacation.

Many assignments of error are predicated upon exceptions reserved upon the trial not made grounds for the motion…

2Cases cited4 opinions

  1. Hoskins v. HightSupreme Court of Alabama · 1891
  2. Naftel v. County of MontgomerySupreme Court of Alabama · 1900
  3. McLendon v. BushSupreme Court of Alabama · 1900
  4. Stewart v. GuySupreme Court of Alabama · 1902

3Cited by14 opinions

  1. Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
  2. Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
  3. Martin v. StateAlabama Court of Appeals · 1926
  4. Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
  5. Collins v. StateSupreme Court of Alabama · 1928

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