Ellard v. Goodall
Supreme Court of Alabama
Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Action by D. H. Ellard against Thomas Goodall for damages for the statutory penalty for cutting trees, conversion of certain trees, and for trespass upon land. Judgment for defendant, and plaintiff appeals. The act of Congress advancing the time one hour could not operate to deprive the plaintiff of the full 90 days allowed by our statute for presentation of bill of exceptions.
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Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Action by D. H. Ellard against Thomas Goodall for damages for the statutory penalty for cutting trees, conversion of certain trees, and for trespass upon land. Judgment for defendant, and plaintiff appeals. The act of Congress advancing the time one hour could not operate to deprive the plaintiff of the full 90 days allowed by our statute for presentation of bill of exceptions. Counsel discussed the other assignments of error, but without citation of authority. The statute as to cutting trees is highly penal and must be strictly…
1Opinion of the CourtMcCLELLAN, J.
[1] Judgment was entered on March 19, 1918. The bill of exceptions was presented to the presiding judge on June 17, 1918, “at 11:15 p. m. Central standard time and 12:15 a. m. June 18, 1918, present national legal time.” U. S. Stat. at Large, vol. 40, pp. 450, 451 (U: S. Comp. St. 1918, U. S. Comp. St. Ann. Supp. 1919, §§ 8907r-8907u). The motion to strike proceeds on the theory that the bill of exceptions was not presented within 90 days after judgment entered as required by Code, § 3019. As appears, the bill was presented 45 minutes before the expiration of the ninetieth day if measured by…
2Cases cited7 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- City of San Francisco v. CalderwoodCalifornia Supreme Court · 1867
- Russell v. IrbySupreme Court of Alabama · 1848
- Long v. GillSupreme Court of Alabama · 1885
- Glenn v. AdamsSupreme Court of Alabama · 1900
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3Cited by23 opinions
- Flynn v. Michigan-Wisconsin Pipeline CompanySupreme Court of Iowa · 1968
- McCord v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1941
- Vaughn v. Dwight Mfg. Co.Supreme Court of Alabama · 1921
- Snider v. Alabama Power Co.Supreme Court of Alabama · 1977
- Nevada Mining Ass'n v. ErdoesNevada Supreme Court · 2001
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