Lasseter v. Deas
Alabama Court of Appeals
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Mariab P. Deas as administratrix and as widow against L. Lasseter in trover, trespass and case. Judgment for plaintiff and defendant appeals. This cause was dismissed on a former appeal for want of jurisdiction, and tbe case stands in tbe trial court tbe same as if no appeal bad been taken. — 3 Cyc. 200; Deas v. Lasseter, 2 Ala.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Mariab P. Deas as administratrix and as widow against L. Lasseter in trover, trespass and case. Judgment for plaintiff and defendant appeals. This cause was dismissed on a former appeal for want of jurisdiction, and tbe case stands in tbe trial court tbe same as if no appeal bad been taken. — 3 Cyc. 200; Deas v. Lasseter, 2 Ala. App. 469. Under these conditions only the lower court had the right to revive. —2 Cyc. 779; 2 Code Rep. (N. Y.) 128; 4 Cyc. 290. It was necessary for plaintiff to comply with the statute…
1Opinion of the Court
PELHAM, J. —
This case was first tried in the Montgomery county circuit court in June, 1910, and a judgment rendered in favor of the defendant, the appellant here. A motion was made by the plaintiff in the trial •court to set aside this judgment and grant the plaintiff a new trial, which was granted, and the defendant prosecuted an appeal from this order granting a new trial to the Supreme Court, and upon the creation and organization of this court the case was transferred to it on the 3d day of April, 1911. The plaintiff (appellee) having -died in August, 1910, subsequent to taking the…
2Cases cited12 opinions
- Jackson v. WilsonSupreme Court of Alabama · 1897
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
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- Gamble v. KellumSupreme Court of Alabama · 1892
- Pearson v. KingSupreme Court of Alabama · 1891
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