Montgomery-Moore Manufacturing Co. v. Leith
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Trial of right of property between the Montgomery Moore Manufacturing Company and G. S. Leith, claimant. From a judgment for claimant, plaintiff appeals.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Trial of right of property between the Montgomery Moore Manufacturing Company and G. S. Leith, claimant. From a judgment for claimant, plaintiff appeals. The following- charges were refused to the plaintiff: “(1) The court charges the jury that if they believe from the evidence in this case that McCutchen told Adams, before Adams turned oyer the money to MeCutchen, that he (McCutchen) was selling his property too cheap, and could not pay his creditors, and that it was wrong to treat them that way, then this would he notice to…
1Opinion of the CourtSimpson, J.
The judgment in this case was rendered on September 23, 1907, and the appeal was taken August 28, 1908.
A motion is made to dismiss the appeal because section 2868 of the Code of 1907, which went into effect on May 1, 1908, provides that appeals shall be taken within six months from the rendition of the judgment or decree. We hold that section 10 of the Code of 1907 preserves the right of appeal for the one year provided by section 436 of the Code of 1896. Said section 10 provides that: “This Code shall not affect any existing right, remedy or defense, * * * as to all such cases the laws in…
2Cases cited6 opinions
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
- Theo Poull & Co. v. Foy-Hays Construction Co.Supreme Court of Alabama · 1909
- Teague, Barnett & Co. v. BassSupreme Court of Alabama · 1901
- Chipman v. GlennonSupreme Court of Alabama · 1893
- Carter v. O'Bryan Bros.Supreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Empire Lighting Fixture Co. v. Practical Lighting Fixture Co.Court of Appeals for the Second Circuit · 1927
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
- Pollard v. WilliamsSupreme Court of Alabama · 1939
- Montgomery-Moore Mfg. Co. v. LeethAlabama Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.