Decatur Cornice & Roofing Co. v. Dowling
Alabama Court of Appeals
Appeai from Circuit Court, Dale County; J. S. Williams, Judge. Action by tbe Decatur Cornice & Roofing Company against G. P. Dowling and others. There was judgment for defendants, and plaintiff appeals and seeks to establish his bill of exceptions. The bill of exceptions should have been established. 173 Ala. 559, 56 South. 120. Counsel discussed the assignments of error on the merits, hut in view of the opinion of the court it is not deemed necessary to here set them out.
Read the full summary
Appeai from Circuit Court, Dale County; J. S. Williams, Judge. Action by tbe Decatur Cornice & Roofing Company against G. P. Dowling and others. There was judgment for defendants, and plaintiff appeals and seeks to establish his bill of exceptions. The bill of exceptions should have been established. 173 Ala. 559, 56 South. 120. Counsel discussed the assignments of error on the merits, hut in view of the opinion of the court it is not deemed necessary to here set them out. The bill of exceptions as submitted was incomplete, and tbe motion to establish should be denied.
1Opinion of the CourtBrown, P. J.
This is an action of assumpsit by the appellant against the appellees, on an indebtedness alleged to have been contracted in the purchase of certain building materials furnished to L. E. Marley & Co., a partnership composed of said L. E. Marley and appellees, and also materials furnished to said Marley & Co. on the credit of the appellees. The trial resulted in a judgment in favor of the defendants, and the plaintiff, alleging that it seasonably presented to the trial judge a correct bill of exceptions, which he refused to sign, made motion here to establish such bill of exceptions.
The…
2Cases cited3 opinions
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
- Kyle v. Gadsden Land & Improvement Co.Supreme Court of Alabama · 1892
- Kreamer v. Jackson L. Co.Supreme Court of Alabama · 1912