Cameron v. North Birmingham Trust & Savings Bank
Alabama Court of Appeals
Appeal from Circuit Court, Shelby County; Hugh D. Merrill, Judge. Assumpsit by tbe North Birmingham Trust & Savings Bank against J. A. Cameron. > Judgment for plaintiff, and defendant appeals. By tbe agreement referred to in tbe opinion the assignments of error relative to tbe pleadings were eliminated, as tbe agreement set forth error in copying tbe transcript showing rulings on the pleadings. Tbe other facts sufficiently appear.
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Appeal from Circuit Court, Shelby County; Hugh D. Merrill, Judge. Assumpsit by tbe North Birmingham Trust & Savings Bank against J. A. Cameron. > Judgment for plaintiff, and defendant appeals. By tbe agreement referred to in tbe opinion the assignments of error relative to tbe pleadings were eliminated, as tbe agreement set forth error in copying tbe transcript showing rulings on the pleadings. Tbe other facts sufficiently appear. Counsel discuss tbe merits of tbe case as presented by the bill of exceptions, but in view of the opinion it is not deemed necessary to here set it out. The bill of…
1Opinion of the Court
SAMFORD, .T.
By an agreement on file, whereby it is stipulated that certain corrections shall be made in the record, the first, second, third, and fourth assignments of error are eliminated.
[1, 2] The judgment in the court below was rendered on April 25, 1918, and the indorsement shows the bill of exceptions to have been presented to the presiding judge on July 22, 1918. But by affidavit of the presiding judge, filed in support of 'a motion by appellee to strike the bill of exceptions, it is made to appear that, while the bill of exceptions was mailed to the presiding judge at his residence,…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Buck Creek Lumber Co. v. NelsonSupreme Court of Alabama · 1914
- May v. RiceMassachusetts Supreme Judicial Court · 1871
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- Burke v. City of BirminghamAlabama Court of Appeals · 1935