City of Montgomery v. Wyche
Supreme Court of Alabama
Action for Personal Injury on Account of Defective Street. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by W. S. Wycbe against tbe city of Montgomery for personal injuries caused by a defective street. Judgment for plaintiff in tbe sum of $10,000, and defendant appeals.
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Action for Personal Injury on Account of Defective Street. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by W. S. Wycbe against tbe city of Montgomery for personal injuries caused by a defective street. Judgment for plaintiff in tbe sum of $10,000, and defendant appeals. Tbe demurrer to tbe complaint should have been sustained. — City Council of Montgomery v. Wright, 72 Ala. 411; Sec. 1272, Code 1907. Demurrers were improperly sustained to pleas 2 and 3. — L. & N. v. Mother shed, 110 Ala. 142; Mc-Aidory v. L. & N., 109 Ala. 636. Tbe court erred in its remarks…
1Opinion of the CourtSayre, J.
Judgment was entered in this cause on January 22, 1910. Thereafter, on April 14, the bill of exceptions was presented to the presiding judge, and the same was signed on May 7th, agreeably to section 3019 of the Code of 1907. Section 9 of the act prescribing rules of practice and procedure in the circuit court of Montgomery county, passed at the regular session of 1907, and approved July 29, 1907 (Loc. Laws 1907, p. 548), provided that all bills of exceptions relating to the trial of causes must be signed within 30 days after the day on which the issue, or issues, of fact to which the bill…
2Cases cited10 opinions
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- Carter v. ChambersSupreme Court of Alabama · 1885
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- Lord v. City of MobileSupreme Court of Alabama · 1896
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3Cited by24 opinions
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