Southern Ry. Co. v. Abraham Bros.
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Action by Abrabam Bros., against the Southern Hallway Company for damages to live stock. Judgment for plaintiff and defendant appeals. The motion to dismiss the appeal comes too late. — Martin Go. v. Miller, 132 Ala. 629. The fact that tbe exception to the portion of the oral charge was inserted does not affect the bill as it was originally.
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Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Action by Abrabam Bros., against the Southern Hallway Company for damages to live stock. Judgment for plaintiff and defendant appeals. The motion to dismiss the appeal comes too late. — Martin Go. v. Miller, 132 Ala. 629. The fact that tbe exception to the portion of the oral charge was inserted does not affect the bill as it was originally. In any event, this change Avas in accordance with the practice of the court, and under circumstances that made such action by the presiding judge a furtherance of justice, and the motion…
1Opinion of the CourtMcCLELLAN, J.
This cause is submitted on motion to dismiss the appeal, motion to strike the bill of exceptions, and on the merits. We treat only the motion to dismiss the appeal.
From the certificate of the clerk it appears that the appeal was taken on April 2,1908. The call of the docket of the Third division, as fixed by statute, was had on May 11,1908. The appeal, having been taken during the November term, 1907, was returnable the first Monday beyond 20 days after April 2, 1908. — Code 1896, § 437; Code 1907, § 2870. The cause was not docketed in this court, nor the transcript filed here, until December…
2Cases cited4 opinions
- Porter v. MartinSupreme Court of Alabama · 1903
- Street v. StreetSupreme Court of Alabama · 1896
- Martin Machine Works v. MillerSupreme Court of Alabama · 1902
- Sears v. KirkseySupreme Court of Alabama · 1886
3Cited by10 opinions
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1934
- Cudd v. ReynoldsSupreme Court of Alabama · 1914
- Powell v. StateAlabama Court of Appeals · 1912
- Sloss-Sheffield Steel & Iron Co. v. TerrySupreme Court of Alabama · 1914
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