Ex parte Nelson
Supreme Court of Alabama
This was a motion for a mandamus, or other remedial writ, to compel the Hon. John Henderson, Judge of the 10th Judicial District, to strike from the files of the Circuit Court of Talladega county, a certain bill of exceptions filed in said court, in the case of E. B. Nelson and S. C. Kelly against A. J. Street, which said bill was signed by William L. Whitlock as the judge presiding at the trial of the case, which occurred at the Spring term, 1879, of the Circuit Court of…
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This was a motion for a mandamus, or other remedial writ, to compel the Hon. John Henderson, Judge of the 10th Judicial District, to strike from the files of the Circuit Court of Talladega county, a certain bill of exceptions filed in said court, in the case of E. B. Nelson and S. C. Kelly against A. J. Street, which said bill was signed by William L. Whitlock as the judge presiding at the trial of the case, which occurred at the Spring term, 1879, of the Circuit Court of Talladega. The following are the facts in relation to the signing of said bill of exceptions. Judge Whitlock opened court…
1Opinion of the CourtStone, J.
“Either of the parties in any civil case, during the trial of the cause, may reserve, by bill of exceptions, any charge, opinion, or decision of the court, touching the cause of action, and which would not otherwise appear of record.” — Code of 1876, § 3107. “No bill of exceptions can be signed after the adjournment of the court during which the exception was taken, unless by consent or agreement of counsel in writing, except in such cases as is otherwise provided.”- — lb. § 3113. Bills of exceptions were unknown to the common law of England. They had their origin in Statute Westm. 2— 13 Edw.…
2Cases cited12 opinions
- Poole v. Lessee of FleegerSupreme Court of the United States · 1837
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- The Monte AllegreSupreme Court of the United States · 1824
- Ex Parte Martha Bradstreet in the Matter of James Jackson Ex Dem. Martha Bradstreet v. Daniel ThomasSupreme Court of the United States · 1830
- Branch Bank at Decatur v. KinseySupreme Court of Alabama · 1843
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3Cited by21 opinions
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- Briggs v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1911
- Stirling v. WagnerWyoming Supreme Court · 1892
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