Jones v. Higgins
Alabama Court of Appeals
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by Guy Higgins against B. E. Jones and another. Judgment for plaintiff and defendant appeals. Submitted on motion to dismiss the appeal, motion to establish a bill of exceptions and on the merits.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by Guy Higgins against B. E. Jones and another. Judgment for plaintiff and defendant appeals. Submitted on motion to dismiss the appeal, motion to establish a bill of exceptions and on the merits. Counsel Discuss the merits of the case and insist that under the evidence there was no middle ground and the complainants were either entitled to all that they sued for or the defendants were entitled to a judgment. They do not discuss the motion to dismiss. No citation of appeal was served on appellee or Ms attorneys and…
1Opinion of the CourtPelham, J.
The case is submitted on a motion to dismiss the appeal, motion to establish a bill of exceptions, and on the merits.
The motion to dismiss is based on the ground of a discontinuance, in that it is contended that the appellant has failed to file the transcript in time, and has taken no steps looking to a prosecution of the appeal here during the period the appeal was returnable.
The record shows that the appeal was taken on the 23d day of December, 1912, and the transcript was filed in this court on the 29th day of September, 1913, and nothing was done during the interim to keep up the…
2Cases cited7 opinions
- National Union v. SherrySupreme Court of Alabama · 1913
- Porter v. MartinSupreme Court of Alabama · 1903
- Powell v. StateAlabama Court of Appeals · 1912
- Southern Ry. Co. v. Abraham Bros.Supreme Court of Alabama · 1909
- Williams v. StateAlabama Court of Appeals · 1912
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