O'Brien v. Brewer
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Cr'owe. Assumpsit by Br,ewer & Jones against P. H. O’Brien. Judgment for plaintiff and from an order overruling motion for a new trial, defendant appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Cr'owe. Assumpsit by Br,ewer & Jones against P. H. O’Brien. Judgment for plaintiff and from an order overruling motion for a new trial, defendant appeals. The court should have permitted the motion to be amended. — Ex parte E. A. & B. B. R. Co., 17 So. 182; Secs. 5366-7, Code 1907. The. court erred in overruling appellant’s motion to set aside the judgment nil dicit. — Ex parte E. A. & B. R. R. Go., supra; Sec. 5372, Code 1907. The record does not present the action of the court on motion for review. — Randle v. Worthington, 141…
1Opinion of the CourtPelham, J.
This is an appeal by the defendant in the court below from an order of the circuit court of Jefferson county, overruling a motion to set aside a judgment nil (licit rendered against defendant (appellant) in favor of the plaintiffs (appellees) and grant appellant a new trjal.
The motion of appellant (the defendant in the circuit court. )to .set aside the judgment theretofore rendered is not set out in the bill of exceptions, in accordance with section 2846 of the Code of 1907, nor is the motion shown to have been enrolled upon the court’s records by an order of the circuit court. Unless the…
2Cases cited7 opinions
- Lee v. FoleySupreme Court of Louisiana · 1904
- Ewing v. WoffordSupreme Court of Alabama · 1898
- Barton v. Charter Gas Engine Co.Supreme Court of Alabama · 1907
- Wiggins v. Witherington & Co.Supreme Court of Alabama · 1893
- Randall v. WorthingtonSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Caravella v. Bernheim Distilling Co.Alabama Court of Appeals · 1915