Kidd v. Burke
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore County. Tried before the Hon. Terry Richardson. This was an action brought by the appellee, M. Burke, against the appellant, Louisa V. Kidd, as executrix of the will of H. B. Tulane, deceased, and sought to recover on common counts for money on and received by defendant’s testator for the use of plaintiff. There were verdict and judgment: in favor of the plaintiff.
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Appeal from the Circuit Court of Elmore County. Tried before the Hon. Terry Richardson. This was an action brought by the appellee, M. Burke, against the appellant, Louisa V. Kidd, as executrix of the will of H. B. Tulane, deceased, and sought to recover on common counts for money on and received by defendant’s testator for the use of plaintiff. There were verdict and judgment: in favor of the plaintiff. The defendant appeals and assigns as error the several rulings of the trial court to which exceptions were reserved. Under the opinion, it is unnecessary to set out the facts in detail.
1Opinion of the CourtTyson, J.
The judgment from which this appeal is prosecuted was rendered by the circuit court of Elmore county on the 7th day of March, 1904. The record discloses that the court convened on the first Monday in March, it being the 7th day of said month. This was the time fixed by the Act creating the fifteenth judicial circuit and the Act known as the “Lusk Bill.” — General Act, pp. 488-566. Both of these acts have been recently declared to be unconstitutional. — Board of Revenue of Jefferson County v. Crow, 37 So. Rep. 469; State ex rel. v. Sayre (in MS.)
The result of these decisions is that the county…
2Cases cited5 opinions
- Ex parte Branch & Co.Supreme Court of Alabama · 1879
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3Cited by8 opinions
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