Mobile Savings Bank v. Fry
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before lion. TL T. Toulmin. . This was an action of trover brought by the appellee against the appellant, to recover damages for the alleged conversion of 252 bundles of cotton ties, and was .commenced on 8th July, 1880. The cause was tried on the plea of not guilty, and the evidence showed that in June or July, 1875, the appellee contracted with one E. G. Cunningham, who was a dealer in, and then had on hand a large supply of, cotton…
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Appeal from Mobile Circuit Court. Tried before lion. TL T. Toulmin. . This was an action of trover brought by the appellee against the appellant, to recover damages for the alleged conversion of 252 bundles of cotton ties, and was .commenced on 8th July, 1880. The cause was tried on the plea of not guilty, and the evidence showed that in June or July, 1875, the appellee contracted with one E. G. Cunningham, who was a dealer in, and then had on hand a large supply of, cotton ties, for the purchase from him of 1000 bundles of such ties; that the ties were not then delivered to appellee, but…
1Opinion of the Court
STONE. J.
It is contented for appellee that we can not •consider the first charge noted in the bill of exceptions as asked •and refused, because tie record fails to show it was moved for in writing. The corrected record certified in response to a certiorari, contains a second copy of the bill of exceptions, and it fails to affirm that.the charge was asked in writing. Governed alone by the bill of exceptions, we would presume the charge was refused because not moved for in writing. — S. & N. R. R. Co. v. Seale, 59 Ala. 608.
There is an agreed amendment of the record, made to obviate the…
2Cases cited3 opinions
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Tucker v. Henderson's Adm'rSupreme Court of Alabama · 1879
- South & North Alabama Railroad v. SealeSupreme Court of Alabama · 1877
3Cited by16 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Winslow v. StateSupreme Court of Alabama · 1884
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Alabama Great Southern Railroad v. DobbsSupreme Court of Alabama · 1893
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