Morris v. Brannen & Sons
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This appeal was taken by the’ appellant from a judgment of the circuit court of Pike county, in favor of the defendants in an ejectment suit, brought by the appellant against the appellees. In this court a motion was made to strike the bill of exceptions from the record, and this motion is the only question considered by the court.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This appeal was taken by the’ appellant from a judgment of the circuit court of Pike county, in favor of the defendants in an ejectment suit, brought by the appellant against the appellees. In this court a motion was made to strike the bill of exceptions from the record, and this motion is the only question considered by the court. The facts in reference thereto are sufficiently stated in the opinion. It will not be presumed that the j udge diregarded the law and allowed a bill of exceptions, which was not presented…
1Opinion of the CourtHaralson, J.
A motion is made to strike from the record what purports to be a bill of exceptions in this case, because it does not appear to have been signed by the presiding judge within the time, and as required by law. The bill concludes with this language : “and the plaintiff presents this his bill of exceptions, and most respectfully asks that the court sign the same, within the time allowed,” &c., and then follows the name, <£J. R. Tyson, Judge.” It bears no daté, and there is nothing in the record to show when it was signed, whether in term time or afterwards. There is not shown to have been any…
2Cases cited10 opinions
- Ladd v. StateSupreme Court of Alabama · 1890
- Bryant v. StateSupreme Court of Alabama · 1860
- Rosson v. StateSupreme Court of Alabama · 1890
- Bass Furnace Co. v. GlasscockSupreme Court of Alabama · 1888
- Kitchen v. MoyeSupreme Court of Alabama · 1849
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3Cited by7 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Ex parte BradshawSupreme Court of Alabama · 1911
- Alabama Mineral Railroad v. MarcusSupreme Court of Alabama · 1900
- Cooley v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.