Irby v. Kaigler
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Assumpsit by R. D. Irby against G. O. Kaigler. Judgment for plaintiff and from an order granting defendant a new trial plaintiff appeals. Tbe bill was not subject to dismissal because violative of rule 32, as tbe evidence is very short, and the whole transcript brief. — Gassenlieimer P. Go. v. Marietta P. Go., 127 Ala. 183. The case at bar was totally different from the one just cited above and that of So. Ry.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Assumpsit by R. D. Irby against G. O. Kaigler. Judgment for plaintiff and from an order granting defendant a new trial plaintiff appeals. Tbe bill was not subject to dismissal because violative of rule 32, as tbe evidence is very short, and the whole transcript brief. — Gassenlieimer P. Go. v. Marietta P. Go., 127 Ala. 183. The case at bar was totally different from the one just cited above and that of So. Ry. Go. v. Jaclcson, 133 Ala. 384. The affirmative charge was not requested, but the appeal is from a motion granting a new…
1Opinion of the CourtPelham, J.
The assignments of error in this case are based on the action of the lower court in granting appellee’s motion for a new trial in a case wherein the appellant was the plaintiff and recovered judgment against the appellee as the defendant in the trial court.
The case is submitted here on appellee’s motion to strike the bill of exceptions, on the ground that it is in violation of rule 32 of this court (Code 1907, p. 1526), and on the merits.-
The evidence set out in the bill of exceptions is not in narrative form, but is in the usual form of a stenographic report showing question and answer, and…
2Cases cited18 opinions
- Lee v. FoleySupreme Court of Louisiana · 1904
- Chambers v. MorrisSupreme Court of Alabama · 1905
- Gaston v. Marengo Improvement Co.Supreme Court of Alabama · 1903
- Ewing v. WoffordSupreme Court of Alabama · 1898
- Southern Railway Co. v. NelsonSupreme Court of Alabama · 1906
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3Cited by9 opinions
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
- Stokes v. HintonSupreme Court of Alabama · 1916
- Turner v. ThorntonSupreme Court of Alabama · 1915
- Ex Parte BrandonSupreme Court of Alabama · 1943
4 more not listed; retrieve them via the Exa API.