Birmingham Bottling Co. v. Morris
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action for malicious posecution by W. C. Morris against the Birmingham Bottling Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action for malicious posecution by W. C. Morris against the Birmingham Bottling Company. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals of Alabama under section 6, Act April 18, 1911, (Gen. Acts 1911, p. 450). Count 5 is as follows: “Plaintiff claims of defendant * * * damages for maliciously and without probable cause therefor causing plaintiff to be arrested under a warrant issued by H. B. Abernathy, judge of the Birmingham court of common pleas, to wit, * * * on a charge of larceny,…
1Opinion of the Court
MAYFIELD, J.—(1) There is no merit in the motion to dismiss this appeal. It is made to appear that the case was submitted with all proper diligence by the appellant. While the transcript was not filed at the term of court, or the call of the division, at which the rule prescribed it should be filed, yet it is made to appear that the bill of exceptions was not signed by the trial court within time to allow it to be transcribed and sent up here for submission at the first call to which the appeal was returnable, and this we have uniformly and repeatedly held to be a sufficient excuse for…
2Cases cited17 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
- Stoball v. StateSupreme Court of Alabama · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bank of Red Bay v. KingSupreme Court of Alabama · 1985
- Boothby Realty Co. v. HaygoodSupreme Court of Alabama · 1959
- American Surety Co. v. PryorSupreme Court of Alabama · 1927
- Kroger Company v. PuckettCourt of Civil Appeals of Alabama · 1977
- Hardie v. StateSupreme Court of Alabama · 1953
16 more not listed; retrieve them via the Exa API.