Hayes v. Woodham
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. A. H. Alston. This was an action brought by the appellee, Ulysses Woodham, against the appellant, Harrison It. Hayes; and counted by a bond given by the defendant to the plaintiff. On. the trial of the case there was a judgment rendered in favor of the plaintiff..
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Appeal from the Circuit Court of Marshall. Tried before the Hon. A. H. Alston. This was an action brought by the appellee, Ulysses Woodham, against the appellant, Harrison It. Hayes; and counted by a bond given by the defendant to the plaintiff. On. the trial of the case there was a judgment rendered in favor of the plaintiff.. This judgment was rendered on October 10, 1902, and the judgment entry contained the following recital • “It is further considered that the defendant have thirty days from the adjournment of this court, in which to prepare and have signed bis bill of exceptions.” On…
1Opinion of the CourtMcCLELLAN, C. J.
Reaffirming the ruling made in the case oí Phillips, Buttorff Mfg. Co. v. Goodwin Bros. et al., infra, to the effect that an adjourned term of the circuit court held beyond the time fixed at-the regular term for signing a bill of exceptions, is not to be taken as a part or continuation of the regular term for the purpose of signing such bill of exceptions, and, of consequence, that a bill signed by the judge at the adjourned term beyond the time allowed in the order made at the. regular term, is out of time, the motion to strike the paper .purporting to be a bill of exceptions from the…
2Cited by1 opinion
- Merritt v. CarterAlabama Court of Appeals · 1942