Wilder v. Bush
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; E. O. Crow, Judge. Action by George E. Busb, as administrator, etc., against Samuel Wilder and another for damages for wrongfully altering, changing, or falsifying tbe minute record of the circuit court of Jefferson county. From a judgment for plaintiff, defendants appeal. Transferred from tbe Court of Appeals under Act of April Í8, 1911, p. 449, § 6. The facts sufficiently appear.
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Appeal from Circuit Court, Jefferson County; E. O. Crow, Judge. Action by George E. Busb, as administrator, etc., against Samuel Wilder and another for damages for wrongfully altering, changing, or falsifying tbe minute record of the circuit court of Jefferson county. From a judgment for plaintiff, defendants appeal. Transferred from tbe Court of Appeals under Act of April Í8, 1911, p. 449, § 6. The facts sufficiently appear. The following charges were refused to defendant; (3) If the jury believe from the evidence that the change in the minutes of the court was made by the clerk of the court…
1Opinion of the CourtThomas, J.
This case was submitted in tbe Gourt of Appeals on tbe motion to dismiss tbe appeal, and on tbe merits.
Tbe grounds of tbe motion were, in effect: (1) That tbe appeal was taken more than six months after the rendition of tbe judgment in said cause; and (2) that tbe appeal does not purport to have been taken from tbe judgment set out in said record.
[1] Tbe fact that tbe appeal bond describes tbe judgment as of date January 8, 1916, whereas tbe true date was February 8, 1916, is not necessarily fatal; other elements of tbe description show with reasonable certainty that it can be no other than…
2Cases cited33 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Woodward Iron Co. v. BrownSupreme Court of Alabama · 1910
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Carwile v. StateSupreme Court of Alabama · 1905
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3Cited by20 opinions
- Estate of GoldbergCalifornia Supreme Court · 1938
- Curry v. StateSupreme Court of Alabama · 1919
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Capps v. NordenSupreme Court of Alabama · 1954
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