Moore v. Appleton
Supreme Court of Alabama
Appeal from the_ Circuit Court of Lawrence. Tried before the Hon. Syd. Mooee. This action was brought by Claiborne Gr. Appleton, against John Moore, “ to recover damages sustained by plaintiff, growing out of certain acts performed by him, in the capacity of agent for the defendant, in the year 1846, in dispossessing and removing one Aaron B. Quinby from a certain tract of land, lying in said county of Lawrence, and known as the place on which said defendant now keeps a…
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Appeal from the_ Circuit Court of Lawrence. Tried before the Hon. Syd. Mooee. This action was brought by Claiborne Gr. Appleton, against John Moore, “ to recover damages sustained by plaintiff, growing out of certain acts performed by him, in the capacity of agent for the defendant, in the year 1846, in dispossessing and removing one Aaron B. Quinby from a certain tract of land, lying in said county of Lawrence, and known as the place on which said defendant now keeps a toil-gate,” &c.; and was commenced on 9th September, 1852. The original declaration contained two counts, each of which was…
1Opinion of the CourtStone, J.
This suit was commenced before the Code-went into operation ; and hence, the execution and legality of the bill of exceptions must be tested by the statute, as it is found in Clay’s Digest, p. 307, § 5. The paper found in this record, which is relied on as' a bill of exceptions, has neither a seal nor scroll; and, under our former decisions, we cannot regard anything it contains. — Floyd v. Fountain, 17 Ala. 700; Godden v. LeGrand, 28 Ala. 158.
This reduces our investigations to very narrow limits.
[2.] The 2d count 'in the amended- declaration strictly *150conforms to the decision of this court,…
2Cases cited4 opinions
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Moore v. AppletonSupreme Court of Alabama · 1855
- Floyd v. FountainSupreme Court of Alabama · 1850
- Godden v. Le GrandSupreme Court of Alabama · 1856
3Cited by2 opinions
- Bank of Mobile v. Mobile & Ohio RailroadSupreme Court of Alabama · 1881
- Rolater v. RolaterSupreme Court of Alabama · 1875