Driver v. Fitzpatrick
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County ;‘W. M. Lackey, Judge. Action in ejectment by Mary S. Fitzpatrick, by her next friend, H. T. Fitzpatrick, against Rebecca J. Driver. From a judgment for plaintiff, defendant appeals. In view of the decision, it is unnecessary that briefs of respective counsel bo here set out.
1Opinion of the CourtGardner, J.
Suit in ejectment by appellee against appellant; this being the second appeal in this cause. Driver v. Fitzpatrick, 209 Ala. 34, 95 South. 466. The final judgment in the instant case was rendered March 28, 1923, and the bill of exceptions was signed by the presiding judge August 6, 1923. However, there appears no indorsement of the trial judge as to the presentation of the bill of exceptions. The foregoing dates disclose that the bill was not signed as a correct bill of exceptions within 90 days from the rendition of the judgment.
“Under the decisions of this court the indorsement in…
2Cases cited6 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Box v. Southern Railway Co.Supreme Court of Alabama · 1913
- Brannan v. SherrySupreme Court of Alabama · 1916
- Driver v. FitzpatrickSupreme Court of Alabama · 1923
- Pippin v. PerrySupreme Court of Alabama · 1921
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3Cited by1 opinion
- Clark v. HendersonSupreme Court of Alabama · 1943