King v. Hill & Shafer Co.
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. B. M. Miller. Action by Hill & Shafer Company against W. H. Coker, to recover certain personal property. Basil Hill intervened, claiming the property. Judgment for defendant and plaintiff appeals. Counsel discuss the merits of the case, and insist that the judgment rendered in this case was unauthorized.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. B. M. Miller. Action by Hill & Shafer Company against W. H. Coker, to recover certain personal property. Basil Hill intervened, claiming the property. Judgment for defendant and plaintiff appeals. Counsel discuss the merits of the case, and insist that the judgment rendered in this case was unauthorized. He cites authority in support of this contention, but does not discuss the motion to strike the bill of exceptions: The bill of exceptions should be stricken as it was not presented to the trial judge within ninety days of the date of…
1Opinion of the CourtMayfield, J.
This case is submitted on motion to strike the bill of exceptions and upon its merits.
Section 3019 of the Code of 1907 provides as follows: “Bills of exceptions may -be presented at any time with *423in ninety days from the day on which the judgment is entered, and not afterwards; and all general, local, or special laws or rules of court in conflict with this section are repealed, abrogated, and annulled. The judge must endorse thereon and as a part of the bill, the true date of presenting, and the bill of exceptions must, if correct, be signed by him within ninety days thereafter.”
It…
2Cited by9 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- McMillon v. SkeltonSupreme Court of Alabama · 1923
- National Pyrites & Copper Co. v. WilliamsSupreme Court of Alabama · 1921
- Leeth v. Kornman, Sawyer & Co.Alabama Court of Appeals · 1911
- Sloss-Sheffield Steel & Iron Co. v. SampsonSupreme Court of Alabama · 1920
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