Martin Machine Works v. Miller
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon. Gesner Williams, Special Judge. This was a statutory action of detinue, brought by the appellant, the .Martin Machine Works, against the appellee, F. J. Miller, to recover the possession of an engine, boiler and fixtures.
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Appeal from the Circuit Court of Choctaw. Tried before the Hon. Gesner Williams, Special Judge. This was a statutory action of detinue, brought by the appellant, the .Martin Machine Works, against the appellee, F. J. Miller, to recover the possession of an engine, boiler and fixtures. The defendant pleaded non-detine,t, and by special plea set up that after the purchase of the machinery sued for, the plaintiff and the defendant rescinded the contract of sale and plaintiff agreed to surrender the defendant the notes given for the purchase of said machinery and to take back the machinery, but…
1Opinion of the CourtSharpe, J.
— This appeal was taken in vacation to tlie Supreme Court term next following. Tbe transcript was not filed witliin tlie time prescribed by law but was filed before tlie expiration of tbe term. Tbe motion to dismiss tbe appeal was not made on or before tbe next Thursday after tlie default in filing, and therefore is not witliin tlie provision of rule 45 of Supreme Court practice, which is to effect that for default in filing a transcript as therein required tbe appeal “may, in tbe discretion of tbe court, be dismissed on motion of appellee, if made not later than the next Thursday.”—Street v.…
2Cases cited4 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Street v. StreetSupreme Court of Alabama · 1896
- State ex rel. Circuit Attorney for Second Judicial Circuit v. Callaway County CourtSupreme Court of Missouri · 1873
3Cited by11 opinions
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Lockridge v. BrownSupreme Court of Alabama · 1913
- Campbell v. SowellSupreme Court of Alabama · 1935
- Parker v. BedwellSupreme Court of Alabama · 1942
- Powell v. StateAlabama Court of Appeals · 1912
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