Ewing v. Wofford
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. J. A. Bilbiio. On April 10, 1897, the appellee, Thomas J. Wofford, Jr., filed in the circuit court of Etowah county, a motion asking the court to set aside the sale of certain lands made by the sheriff under the levy of an execution on March IS, 1895, -which execution was issued on a judgment recovered by the appellant against the movant, alleging in said motion that prior to the levy of said execution, the…
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Appeal from the Circuit Court of Etowah. Tried before the Hon. J. A. Bilbiio. On April 10, 1897, the appellee, Thomas J. Wofford, Jr., filed in the circuit court of Etowah county, a motion asking the court to set aside the sale of certain lands made by the sheriff under the levy of an execution on March IS, 1895, -which execution was issued on a judgment recovered by the appellant against the movant, alleging in said motion that prior to the levy of said execution, the movant had filed in the probate office of Etowah county, a declaration and claim to said lands as exempt to him under the…
1Opinion of the CourtTyson, J.
— An examination of the transcript in this case discloses that the motion inserted therein Avas upon the motion docket, and it nowhere appears in the bill of exceptions, or that it was enrolled upon the records of the court. This court has uniformly held that the motion docket of the circuit court is not a record of that court, and that the only method by AAdiich the ruling of the lower court upon a motion can be reviewed by this court, is by incorporating the motion in a bill of exceptions, or by having the transcript sIioav that it Avas enrolled upon the records of the circuit court by an…
2Cases cited8 opinions
- Ex parte Highland Avenue & Belt RailroadSupreme Court of Alabama · 1894
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1893
- Barclay v. BarclaySupreme Court of Alabama · 1868
- Waring & Co. v. Gilbert & Bro.Supreme Court of Alabama · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ex parte WattersSupreme Court of Alabama · 1913
- National Surety Co. v. BooneSupreme Court of Alabama · 1933
- Barton v. Charter Gas Engine Co.Supreme Court of Alabama · 1907
- Irby v. KaiglerAlabama Court of Appeals · 1912
- Craig v. EtheredgeSupreme Court of Alabama · 1901
7 more not listed; retrieve them via the Exa API.