Moore, Marsh & Co. v. Penn & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Tallapoosa. Tried before tbe Hon. JOHN Mooee. Tbis was a statutory trial of tbe right of property in and to a stock of goods, between Penn & Co., plaintiffs in attachment against Spinks Bros., and Moore, Marsh & Co. as claimants, who claimed to have purchased from said defendants prior to tbe levy of tbe attachment. Tbe bill of exceptions purports to set out “substantially all tbe evidence in the case.”
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Appeal from tbe Circuit Court of Tallapoosa. Tried before tbe Hon. JOHN Mooee. Tbis was a statutory trial of tbe right of property in and to a stock of goods, between Penn & Co., plaintiffs in attachment against Spinks Bros., and Moore, Marsh & Co. as claimants, who claimed to have purchased from said defendants prior to tbe levy of tbe attachment. Tbe bill of exceptions purports to set out “substantially all tbe evidence in the case.” Tbe court charged tbe jury, on request, that they must find for tbe plaintiffs, if they believed tbe evidence; and tbis charge, to which the claimant excepted,…
1Opinion of the CourtClopton, J.
Under an order for a certiorari, the clerk of the Circuit Court returned a transcript of the bill of exceptions as signed by the presiding judge, from which it appears that blank spaces were left, in which some papers used in evidence were to be copied by the clerk. Appellees *202thereupon moved to strike from the bill of exceptions • returned in the original transcript two notes and a’ deed of assignment copied in two of the blank spaces, on the ground that they were not incorporated when the bill of exceptions was signed by the judge, and are not so identified as to authorize their insertion by…
2Cases cited7 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Gordon v. McIlwainSupreme Court of Alabama · 1886
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- Harmon v. McRaeSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Wood & Son v. RileySupreme Court of Alabama · 1898
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Allen v. OvertonSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.