Morningstar v. Stratton
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. On the 30th day of April, 1898, the city court of Mobile in term time made a minute entry extending to the appellant thirty days in which to present his bill of exceptions. A motion for a new trial in this cause was then pending which was continued to an adjourned term of the court.
Read the full summary
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. On the 30th day of April, 1898, the city court of Mobile in term time made a minute entry extending to the appellant thirty days in which to present his bill of exceptions. A motion for a new trial in this cause was then pending which was continued to an adjourned term of the court. At the adjourned term this motion was overruled and the appellant was given twenty-eight days to present his bill of exceptions on the action of the court denying the motion. The special term finally adjourned on the 14th day of May. On the…
1Opinion of the CourtHabalson, J.
— Action in detinue by B. I). Strat-ton, the appellee, against ITenry Morningstar, the appellant; commenced before a justice of the peace for the recovery of a bicycle with damages for its detention. Judgment having been rendered against the defendant, the cause was appealed by him to the city court of Mobile, Avhere it was tried de novo, Avith similar result, and from the judgment of that court defendant appeals to this court.
The extension of time beyond the term at which a case is tried, for the signing of a bill of exceptions — whether by agreement of the parties under section 616 of Code;…
2Cases cited2 opinions
- Ellison v. Jackson Water Co.California Supreme Court · 1859
- Chapman v. Lee's Adm'rSupreme Court of Alabama · 1872
3Cited by6 opinions
- Dantzler & Sons v. Swift Creek Mill Co.Supreme Court of Alabama · 1900
- Carroll v. WarrenSupreme Court of Alabama · 1904
- Campbell v. RiddleSupreme Court of Alabama · 1928
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- W. S. Brewbaker, Inc. v. McClintonAlabama Court of Appeals · 1954
1 more not listed; retrieve them via the Exa API.