Decatur Water Works Co. v. Foster
Supreme Court of Alabama
Appeal from. Morgan Circuit Court. Heard before Hon. D. W. Speaks. Action by James A. Foster against the Decatur Waterworks Company. From a judgment for plaintiff, defendant appeals.
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Appeal from. Morgan Circuit Court. Heard before Hon. D. W. Speaks. Action by James A. Foster against the Decatur Waterworks Company. From a judgment for plaintiff, defendant appeals. The following charges were refused to the defendant: (2) “Under the charter of the municipality of Decatur, I charge you that the city authorities had the right and power to grant to the water company, or those under whom it claimed, the right to lay its pipes and mains and erect its fire plugs in the streets of Decatur.” (4) “The waterworks company is a public utility company, and as such the municipal…
1Opinion of the CourtMcCLELLAN, J.
The appellee’s motion to strike the bill of exceptions cannot be sustained. The status on which the motion is predicated is, in short, that the bill of exceptions was signed after the appeal had been taken. The office of a bill of exceptions is to afford the appellate court a history of the proceedings below. It is not judicial action in the case in the sense of adjudging or enforcing the rights of parties litigant. The act of signing a bill of exceptions is an authentication only of the memorial of the proceedings below, and., when properly authenticated, becomes a part of the record of this…
2Cases cited6 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Leader v. MattinglySupreme Court of Alabama · 1903
- Groves v. Louisville Ry. Co.Court of Appeals of Kentucky · 1900
- Crowley v. City of West EndSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Patterson v. StateSupreme Court of Alabama · 1932
- Nord v. Butte Water Co.Montana Supreme Court · 1934
- Rickenbaugh v. AsburyAlabama Court of Appeals · 1938
- Roden v. CapehartSupreme Court of Alabama · 1915
- Central of Georgia Railway Co. v. FullerSupreme Court of Alabama · 1909
4 more not listed; retrieve them via the Exa API.