Tuskaloosa Wharf Co. v. Mayor of Tuskaloosa
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hod. Wi. S. Mudd. - ■ This action was brought by the appellee, a body corporate, to recover the sum of five hundred dollars, alleged to be due from the defendant for the rent of certain lands leased by the plaintiff.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hod. Wi. S. Mudd. - ■ This action was brought by the appellee, a body corporate, to recover the sum of five hundred dollars, alleged to be due from the defendant for the rent of certain lands leased by the plaintiff. The minute-entry recites, that the complaint ivas filed in the clerk’s office on the 24th September, 1860, and that two endorsements then appeared on it; one signed by E. Cooper, dated the 24th September, 1860, being an acknowledgment of security for costs; and the other signed by W. Moody, as president of the…
1Opinion of the CourtA. J. Walker, C. J.
There was no exception to the refusal- of the court to sustain the motion for the dismissal of the cause on account of the alleged failure to give security for costs before the commencement of the suit. It is, therefore, not revisable in this court. An exception is not necessarily dispensed with by the appearance of the objectionable ruling upon the record. To make a matter a part of the record is not the only office of an exception ; it has the further object of admonishing the party, so that he may avoid putting the case on the point. Chamberlain v. Masterson, 29 Ala. 299 ; Rives v.…
2Cases cited17 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Bryan v. WilsonSupreme Court of Alabama · 1855
- Gordon v. McLeodSupreme Court of Alabama · 1852
- Mahoney v. O'LearySupreme Court of Alabama · 1859
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3Cited by6 opinions
- Tyree v. Parham'sSupreme Court of Alabama · 1880
- Hyde v. AdamsSupreme Court of Alabama · 1885
- Jones v. City of AnnistonSupreme Court of Alabama · 1902
- Eslava v. Ames Plow Co.Supreme Court of Alabama · 1872
- Wilson v. Owens' AdministratorSupreme Court of Alabama · 1871
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