Perkins v. Harper
Supreme Court of Alabama
This was an action tried in Franklin Circuit Court, in Which Harper was plaintiff, and Perkins was defendant. At March term, 1828, the cause was determined, and judgment was rendered for the plaintiff, for @720 26 debt, and @26 82 damages.
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This was an action tried in Franklin Circuit Court, in Which Harper was plaintiff, and Perkins was defendant. At March term, 1828, the cause was determined, and judgment was rendered for the plaintiff, for @720 26 debt, and @26 82 damages. The record rceites that, at the trial, the defendant’s counsel tendered a bill.of exceptions, which the Court refused to seal; and thereupon that the presiding Judge drew up and filed a bill of exceptions, and ordered it to be made a part of the record, which bill of exceptions is set out. The record recites that afterwards, on the 7th of May, the defendant…
1Opinion of the Court
By JUDGE SAFFOLD.
In this ease a preliminary question arises, which is decisive of the cause. On the trial in the Circuit Court, the plaintiff in error being the original defendant, tendered a bill of exceptions, which was refused by the presiding Judge, but who signed a different one, containing, as he said, the truth of the facts, but which was not satisfactory to the defendant. Two months subsequent to the term at which these proceedings were had, the defendant proceeded, under the authority of the statute, to establish his exceptions by affidavits, and without notice to the adverse party.…
2Cited by5 opinions
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