Kates Transfer & Warehouse Co. v. Klassen
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. J. T. Stokely. Action by Mrs. M. C. Klassen against the Kates Transfer & Warehouse Company, and others. Judgment for plaintiff: and defendants appeal. Under the authority of Flalce v. The State, 56 South. 47, on the facts as presented, the bill of exceptions should be established.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. J. T. Stokely. Action by Mrs. M. C. Klassen against the Kates Transfer & Warehouse Company, and others. Judgment for plaintiff: and defendants appeal. Under the authority of Flalce v. The State, 56 South. 47, on the facts as presented, the bill of exceptions should be established. The court erred in admitting evidence as to the condition of the driver when he called for the baggage, and also in permitting plaintiff to state that some of the articles were torn, and others filled with grease and dirt, and' rendered unfit for use. — G. of G.…
1Opinion of the CourtPelham, J.
In support of the motion to establish the bill of exceptions, it is shown that the case was tried in the city court of Birmingham on the 5th day of April, 1911, and judgment rendered against the defendant, who made a motion for a new trial, which motion was heard and denied on the 8th day of April, 1911. Thereafter, on the same day, to wit, April 8, 1911, the Honorable J. T. Stokely, the judge who presided on the trial of said case and heard and passed upon the motion for a new tidal, resigned from office. The next call of the division in this court at Avhich an application to establish a…
2Cases cited14 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- Jonas v. NoelTennessee Supreme Court · 1897
- Sullivan v. LearSupreme Court of Florida · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- White v. HenrySupreme Court of Alabama · 1950
- Kimball v. BettsWashington Supreme Court · 1918
- Faust v. MillerSupreme Court of Alabama · 1954
- Lary v. GardenerCourt of Civil Appeals of Alabama · 2005
- F. W. Bromberg & Co. v. NortonSupreme Court of Alabama · 1922
2 more not listed; retrieve them via the Exa API.