Barnemann v. Morrison
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. Joseph I-I. Nathan, Special Judge. Tlie appellees, Morrison & Woodward, recovered a judgment against the appellant, William Barnemann, upon which execution was issued, and this execution was levied upon a certain lot in the town of Tuscumbia.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. Joseph I-I. Nathan, Special Judge. Tlie appellees, Morrison & Woodward, recovered a judgment against the appellant, William Barnemann, upon which execution was issued, and this execution was levied upon a certain lot in the town of Tuscumbia. There was a claim of exemptions of said lot, and the proceedings in the said case were had upon the contest of a claim of exemptions interposed by the defendant in execution. The cause was tried by the court without the intervention of a jury, and under the opinion on the present appeal, it…
1Opinion of the CourtHaaralson, J.
— The case was tried by the court, a jury having been waived, — unden* the act to regulate the practice and proceedings in civil cases in Colbert and Lauderdale counties. Acts 1894-5, p. 763. The act provides, that either party may by bill of exceptions present for review the conclusions and judgments of the court on the evidence. There was no. agreement in writing signed by the parties, waiving a jury, or requesting a special finding by the court, so1 as to bring the trial under sections 3319, or 3320 of the Code.
The presiding judge made a special finding of the facts, which signed by him is…
2Cases cited2 opinions
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Wright v. StateSupreme Court of Alabama · 1893
3Cited by4 opinions
- Plunkett v. DendySupreme Court of Alabama · 1916
- Chamberlain v. Mobile Fish & Oyster Co.Supreme Court of Alabama · 1902
- Simpson v. StateAlabama Court of Appeals · 1963
- Louisville N. R. Co. v. HolmesSupreme Court of Alabama · 1921