McLeod v. Garrish
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. P. L. McLeod had judgment against one N. J. Bradford, and had execution thereon with levy upon certain property. M. S. Garrick interposed claim to same, and on the trial of the right of property claimant prevailed, and plaintiff in execution appeals.
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Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. P. L. McLeod had judgment against one N. J. Bradford, and had execution thereon with levy upon certain property. M. S. Garrick interposed claim to same, and on the trial of the right of property claimant prevailed, and plaintiff in execution appeals. Transferred from the Court of Appeals under Acts 1911, p. 450, § 6. The record consists of matters and things which happened at the trial, but is not signed by the judge trying the cause; he having died pending the appeal. At the end of the transcript the following appears: “In…
1Opinion of the CourtThomas, J.
(1, 2) No bill of exceptions was signed by the presiding judge, or established as provided by the statute. Rulings on the trial, required to be presented by bill of exceptions, cannot be considered by this court unless so presented. The written agreement of counsel in this cause is not a bill of excep*391tions. Such agreement, on proper motion in the appellate court, would have been sufficient evidence to establish the bill of exceptions.—Graves, et al. v. State, 178 Ala. 1, 59 South. 584; Cook v. Phonoharp Co., 168 Ala. 517, 50 South. 1021.(3) The transcript fails to show a legal judgment as the…
2Cases cited10 opinions
- Lyons v. BradleySupreme Court of Alabama · 1910
- Gunter v. MasonSupreme Court of Alabama · 1899
- Gaston v. Marengo Improvement Co.Supreme Court of Alabama · 1903
- Central of Georgia Ry. Co. v. CoursenAlabama Court of Appeals · 1913
- Lay v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1911
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