Massillon Engine & Thresher Co. v. Arnold & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried, before the Hon. A. H. Alston. This was a statutory trial of the right of property between the appellee, J. J. Arnold & Co., as plaintiff in attachment, and the appellant, the Massillon Engine & Thresher Company, as claimant, and was instituted in the following manner: J. J. Arnold. & Go., as plaintiffs in attachment, sued out a writ of attachment against Morford & Whitehead, and caused the writ to be levied upon the property…
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Appeal from the Circuit Court of Jackson. Tried, before the Hon. A. H. Alston. This was a statutory trial of the right of property between the appellee, J. J. Arnold & Co., as plaintiff in attachment, and the appellant, the Massillon Engine & Thresher Company, as claimant, and was instituted in the following manner: J. J. Arnold. & Go., as plaintiffs in attachment, sued out a writ of attachment against Morford & Whitehead, and caused the writ to be levied upon the property in controversy. Thereupon the Massillon Engine & Thresher Company, made affidavit and bond and interposed a claim to said…
1Opinion of the CourtTyson, J.
What purports to be a bill of exceptions in this record was signed by the presiding judge in va*370cation. Nothing appears in the record of the court below showing that any order was made by the court in term time, authorizing a bill of exceptions to be signed after the. adjournment of the 'court at which the trial was liad. The recital at the close of what purports to be the bill of exceptions: “Tendered and approved, this 15th day of April, 1901, within the. time prescribed by the court in which the bill of exceptions may be signed,” amounts to nothing more than the statement by the judge and…
2Cases cited1 opinion
- Dantzler & Sons v. Swift Creek Mill Co.Supreme Court of Alabama · 1900
3Cited by3 opinions
- Hendon v. McCoySupreme Court of Alabama · 1931
- Copeland v. Benson Hardware Co.Alabama Court of Appeals · 1930
- Thompson v. Damskibsaktieselskabet HabilSupreme Court of Alabama · 1902