Bartlett v. Lang's Adm'rs
Supreme Court of Alabama
Motion by the plaintiffs in error, to be allowed to file a bill of exceptions, under the act of 1826. (Aikin’s Digest, 254, s. 5.) The facts attending this case, as they appear by affidavit, are these: The case was tried in the Mobile Circuit Court, atthe November Term, 1840, some two or three days before its termination, in the manner hereafter to bed escribed, and exceptions were taken by the plaintiff to the charge of the Court.
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Motion by the plaintiffs in error, to be allowed to file a bill of exceptions, under the act of 1826. (Aikin’s Digest, 254, s. 5.) The facts attending this case, as they appear by affidavit, are these: The case was tried in the Mobile Circuit Court, atthe November Term, 1840, some two or three days before its termination, in the manner hereafter to bed escribed, and exceptions were taken by the plaintiff to the charge of the Court. The bill of exceptions was prepared on the same day of the trial, and was submitted to the counsel of the defendant, on that or the next day, by the direction of…
1Opinion of the CourtGoldthwaite, J.
— We have no hesitation in granting, this motion, under the authority of the act of 1826. (Aikin’s Digest, 254, s: 5:) It appears that the Cojirt was suddenly terminated, by the Judge withdrawing from the bench, to which he did not return; consequently, the plaintiffs’ counsel could have no- opportunity to present his exceptions in Court, after the refusaiof the Judge to sign them. The state of facts is so different from those which existed in the case of Perkins v. Harper, 2 Stewart, 477, in which a construction was given to the act of 182Q, that if cannot be considered1 as governing this…
2Cases cited1 opinion
- Perkins v. HarperSupreme Court of Alabama · 1830
3Cited by9 opinions
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- Brandt v. FosterSupreme Court of Iowa · 1857
- Carwile v. StateSupreme Court of Alabama · 1905
- Bilansky v. StateSupreme Court of Minnesota · 1859
- Wilder v. BushSupreme Court of Alabama · 1917
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