Legal Opinion

Lee v. Raiford

Supreme Court of Alabama

Decided February 2, 1911PublishedCited by 9 opinions

Appeal from Macon County Circuit Court. Heard before Hon. S. L. Brewer. Action by Mary Lo-u. Lee and others against John Raiford. From a judgment for defendant, plaintiff appeals.

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Appeal from Macon County Circuit Court. Heard before Hon. S. L. Brewer. Action by Mary Lo-u. Lee and others against John Raiford. From a judgment for defendant, plaintiff appeals. The fourth count as amended is as follows: “(4) Plaintiffs aver that on, to wit, the 8th day of November, 1904, plaintiffs were the owners of and in possession of the following described land, to wit: N. E. 1-4 of section 36, township 17, range 22, in Macon county, Alabama; that on, to wit, the said last-named day, the defendant unlawfully broke and entered upon said lands, took down a fence standing upon the said…

1Opinion of the CourtMayfield, J.

This appeal was submitted on motion to strike bill of exceptions, and on the merits.

On Motion.

It is insisted by appellee that the bill of exceptions must be stricken on the sole ground that there is now no authority in this state for reserving or taking a bill of exceptions on the trial of a civil action like the one appealed from in this case; and that such a bill, if attempted to be taken, would be without warrant of law, and could not become a part of the record on appeal to this court.

It is practically conceded by appellee that bills of exceptions are yet authorized in certain specific…

2Cases cited8 opinions

  1. Cooper v. WatsonSupreme Court of Alabama · 1882
  2. White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
  3. Rogers v. BrooksSupreme Court of Alabama · 1892
  4. Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
  5. Beatty v. BrownSupreme Court of Alabama · 1884

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Aiken v. McMillanSupreme Court of Alabama · 1925
  2. Sadler v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1920
  3. O'BAR v. Town of Rainbow CitySupreme Court of Alabama · 1959
  4. Garrow v. ToxeySupreme Court of Alabama · 1911
  5. State v. HallSupreme Court of Alabama · 1911

4 more not listed; retrieve them via the Exa API.

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