Hollingsworth v. Chapman
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. James S. Clark. The appellee in this case moved to strike from the record the bill of exceptions, which had been incorporated in the tran-‘ script by the clerk, on the ground that it was not signed by the presiding judge at the trial; and he also suggested to the court that the appellant had become insane since the appeal in this case was sued out, and asked that the cause might be continued until the next…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. James S. Clark. The appellee in this case moved to strike from the record the bill of exceptions, which had been incorporated in the tran-‘ script by the clerk, on the ground that it was not signed by the presiding judge at the trial; and he also suggested to the court that the appellant had become insane since the appeal in this case was sued out, and asked that the cause might be continued until the next term, in order that proceedings might be instituted to have him declared a lunatic. Affidavits were submitted on each of…
1Opinion of the CourtPeters, C. J.
In this case, the appellee moves this court to suppress and strike from the record the paper therein purporting to be the bill of exceptions. The transcript of the record filed in this court is regularly certified by the clerk of the court from which the appeal is taken, to be “ a full and complete transcript of the record and proceedings of the circuit court in a cause therein pending, wherein Reuben Chapman was plaintiff, and Jack Hollingsworth defendant.” This certificate is in proper form, and authenticated by the signature of the clerk and the seal of the court, as required by the Code. *24R…
2Cases cited6 opinions
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Dozier v. JoyceSupreme Court of Alabama · 1838
- Colvin v. RichSupreme Court of Alabama · 1836
- Townsend v. Jeffries' Adm'rSupreme Court of Alabama · 1854
- Beverly v. StephensSupreme Court of Alabama · 1850
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3Cited by3 opinions
- Ex parte NelsonSupreme Court of Alabama · 1878
- Glaser, Kuder & Ottensoser v. HackettSupreme Court of Florida · 1896
- Ryan v. KilpatrickSupreme Court of Alabama · 1880