Tennessee & Coosa Rivers R. R. v. East Alabama R'y Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. Leeox E. Box. This was a motion to retax the costs in the case of the Tennessee and Coosa Rivers Railroad Company v. the East Alabama Railway Company. The plaintiff in that suit recovered judgment, upon which execution was issued and levied by the sheriff upon property of the defendant. Erom this judgment the defendant appealed after the levy and superseded the execution, by bond.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. Leeox E. Box. This was a motion to retax the costs in the case of the Tennessee and Coosa Rivers Railroad Company v. the East Alabama Railway Company. The plaintiff in that suit recovered judgment, upon which execution was issued and levied by the sheriff upon property of the defendant. Erom this judgment the defendant appealed after the levy and superseded the execution, by bond. The case was reversed on the appeal, and a judgment was then rendered in the court below by consent of the parties, by whiteh, among other things, the…
1Opinion of the CourtStone, C. J.
— The clerk of the Circuit Court, in making-out the transcript for this court, copied into it what purports to be a motion entered on the motion docket, for a re taxation of costs. Motion dockets are not records of the court, and entries in them can not become parts of the transcript in this court, unless made so by a proper order in the court below. When needed on appeals, they are generally brought before us by bill of exceptions. — 2 Brick. Dig. 392, § 4. This question, however, appears to be unimportant in this case, as the judgment entry of the Circuit Court and the bill of exceptions…
2Cases cited2 opinions
- Tillman v. WoodSupreme Court of Alabama · 1877
- Mastin v. Cullom & Co.Supreme Court of Alabama · 1856
3Cited by2 opinions
- Strong v. United StatesDistrict Court, S.D. Alabama · 1888
- Cooke v. WilbanksSupreme Court of Alabama · 1932