Legal Opinion

Zion Fountain Lodge v. Folkes

Supreme Court of Alabama

Decided June 10, 1902PublishedCited by 2 opinions

Appeal from the Circuit Court of Henry. Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment brought by the appellee, J. P. Folkes, for the use of W. R. McKenzie, against the Zion Fountain Lodge No. 54, P. &Á.M There were verdict and judgment for the plaintiff, and the defendant appeals.

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Appeal from the Circuit Court of Henry. Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment brought by the appellee, J. P. Folkes, for the use of W. R. McKenzie, against the Zion Fountain Lodge No. 54, P. &Á.M There were verdict and judgment for the plaintiff, and the defendant appeals. At the end of the bill of ■exceptions just preceding the judge’s signature, is the following recital: “On Friday, the 10th day of May, during the term of said court, the court made an order granting the defendant twenty days in which to prepare and present its hill of exceptions,…

1Opinion of the CourtDowdell, J.

— The motion to strike the hill of exceptions in this case will have to prevail. The bill shows that it was signed by the presiding judge in vacation. It does not appear from the record that any order was made- by the court authorizing this to he done. *611The recital in the bill that an older ivas made, by the court for the purpose cannot aid in the matter. Such recital in the bill is nothing more than a statement by the judge of his recollection of such order having been made by the court. Such an order made by the court becomes a part of the. records of the court, and on appeal must appear in…

2Cases cited1 opinion

  1. Dantzler & Sons v. Swift Creek Mill Co.Supreme Court of Alabama · 1900

3Cited by2 opinions

  1. E. C. Porter & Co. v. LoebSupreme Court of Alabama · 1906
  2. Strickland v. StateSupreme Court of Alabama · 1907

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