Powell v. Sturdevant
Supreme Court of Alabama
Appeal Horn tbe Circuit Court of Dallas. Tried before tbe Hon. James W. Lapsley. Tbis action was brought by .Mrs. Henrietta J. Sturdevant, against W. T. Powell; and was commenced on tbe 17tb October, 1885, before a justice of tbe peace. Tbe justice rendered judgment for tbe plaintiff, for tbe premises, and $ 100 damages, and tbe defendant took an appeal to tbe Circuit Court, executing two appeal bonds, eacb witb H. O’Gwynn and A. F. "Wise as sureties.
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Appeal Horn tbe Circuit Court of Dallas. Tried before tbe Hon. James W. Lapsley. Tbis action was brought by .Mrs. Henrietta J. Sturdevant, against W. T. Powell; and was commenced on tbe 17tb October, 1885, before a justice of tbe peace. Tbe justice rendered judgment for tbe plaintiff, for tbe premises, and $ 100 damages, and tbe defendant took an appeal to tbe Circuit Court, executing two appeal bonds, eacb witb H. O’Gwynn and A. F. "Wise as sureties. One of these bonds was in tbe penal sum of $18.90, being three times tbe amount of tbe costs; and tbe other was in tbe sum of $240, conditioned…
1Opinion of the CourtSomebyille, J.
It appears on the face of the record, that the bill of exceptions was signed after the expiration of the time fixed by the order of the presiding judge. The judge, during term time, under the authority conferred on him by the recent act of February 22, 1887 (Acts 1886-87, p. 126), regulating the signing and allowance of bills of exceptions, had made an order on the application of the defendant, fixing the period within which the paper was to be signed, at thirty days from September 16, 1887. No subsequent order was made, during vacation, extending this time. It should have been signed within…
2Cases cited3 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Wood's Adm'r v. BrownSupreme Court of Alabama · 1845
- Medlin v. WilkersonSupreme Court of Alabama · 1886
3Cited by5 opinions
- Cooley v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1901
- Beal v. StateSupreme Court of Alabama · 1892
- Gaston v. StateSupreme Court of Alabama · 1889
- Washington v. SpriggsSupreme Court of Alabama · 1925
- Sterrett v. DavieSupreme Court of Alabama · 1900