Samuel v. Nashville, Chattanooga & St. Louis Railway
Supreme Court of Alabama
Appeal from tlie Circuit Court of Marshall. Tried before the Hon. James A. Bilbro. The appellant, Ben Samuel, brought an action of assumpsit against Joseph Clover, and sued out an ancillary writ of garnishment, which was served on.the ap-pellee, the Nashville, Chattanooga & St. Louis Railway. In the garnishment suit there was a judgment rendered discharging the garnishee. To the rendition of this judgment the plaintiff duly excepted.
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Appeal from tlie Circuit Court of Marshall. Tried before the Hon. James A. Bilbro. The appellant, Ben Samuel, brought an action of assumpsit against Joseph Clover, and sued out an ancillary writ of garnishment, which was served on.the ap-pellee, the Nashville, Chattanooga & St. Louis Railway. In the garnishment suit there was a judgment rendered discharging the garnishee. To the rendition of this judgment the plaintiff duly excepted. From the, judgment dismissing the garnishee, the plaintiff prosecutes the present appeal. Inasmuch as the questions sought to be presented on the present appeal…
1Opinion of the CourtHaralson, J.
The first minute entry of the court as to the time within which a bill of exceptions might be. signed, appears to have been made on the 4th day of October, 1900. On that day, on the trial of the garnishment proceeding, on motion of the garnishee, the appel-lee, it was finally discharged, and from that order the appeal is prosecuted. The bill of exceptions contains the order, “Plaintiff is allowed sixty days from the adjournment of this court, in which to prepare and have his bill of exceptions signed.”
The October term, 1900, began on the 12th Monday after the second Monday in July, and lasted…
2Cases cited6 opinions
- Dantzler & Sons v. Swift Creek Mill Co.Supreme Court of Alabama · 1900
- Alabama Mineral Railroad v. MarcusSupreme Court of Alabama · 1900
- Morris v. Brannen & SonsSupreme Court of Alabama · 1893
- Kimball v. PenneySupreme Court of Alabama · 1897
- Carter v. Long Bros.Supreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- E. C. Porter & Co. v. LoebSupreme Court of Alabama · 1906