Carter v. Tenn. C. I. & R. R. Co.
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard, before Hon. J. J. Curtis. Ejectment by the Tennessee Coal, Iron & Railway Company against J. W. Carter. Judgment for plaintiff, and defendant appeals.
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Appeal from Walker Circuit Court. Heard, before Hon. J. J. Curtis. Ejectment by the Tennessee Coal, Iron & Railway Company against J. W. Carter. Judgment for plaintiff, and defendant appeals. Before announcing Ms readiness, defendant filed his application to have the personal attendance of witnesses whose depositions had been previously taken by plaintiff, among them Howard Lamar; and, it being-shown that he was out of the state, and had not been subpoenaed, the court overruled the application. The appellant complains that the court erred in overruling his objection to that part of Howard…
1Opinion of the CourtAnderson, J.
We are not impressed Avith the suggestion of appellee’s counsel that the assignment of errors does not conform to rule 1 (20 South, iv), because made Avith a typeAvriter instead of being Avritten. Section 1 of the Code, among other things, says, “Writing includes printing on paper.” We therefore hold that, Avhen errors are assigned in the proper place on the record, the fact that it is done Avith a typeAvriter is to be commended rather than criticised.
S'ection 4045 of the Code of 1907 provides for the personal attendance .of a Avitness, even after his deposition has been taken, under the…
2Cases cited5 opinions
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- Chapman & Co. v. JohnsonSupreme Court of Alabama · 1904
- Eufaula National Bank v. PruettSupreme Court of Alabama · 1900
- Tice v. StateAlabama Court of Appeals · 1911
- Huggins v. Southern Ry. Co.Supreme Court of Alabama · 1909
3Cited by10 opinions
- Sovereign Camp, W. O. W. v. GaySupreme Court of Alabama · 1927
- Guaranty Funding Corporation v. BollingSupreme Court of Alabama · 1972
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Southern Ry. Co. v. ClarkeSupreme Court of Alabama · 1919
- Vidmer v. LloydSupreme Court of Alabama · 1913
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