Rice v. Beavers & Co.
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by J. H. Beavers & Co., against Elver L. Rice. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals.
1Opinion of the CourtThomas, J.
(1, 2) The cause is submitted on motion to strike bill of exceptions, because not presented to the trial judge within the time required by law. When a statute fixes a time within which an act may be done, the first day must be excluded and the last day included, to compute it. — Code 1907, § 11; Oberhaus v. State, ex rel. McNamara, 173 Ala. 483, 55 South. 898. Bills of exceptions may be presented at any time “within ninety days from the date on which judgment is entered and not afterwards.” — Code 1907, § 3019. The use of the word “within,” as a limit of time, or degree, or space, embraces…
2Cases cited2 opinions
- Hamilton v. StateTennessee Supreme Court · 1898
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
3Cited by11 opinions
- Phipps v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2002
- Bowe v. PiersonSupreme Court of Alabama · 1921
- Mauney v. Electric Const. Co.Supreme Court of Alabama · 1924
- Davenport v. WittSupreme Court of Alabama · 1924
- Clark v. HendersonSupreme Court of Alabama · 1943
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