Ex Parte Hill
Supreme Court of Alabama
Certiorari to Court of Appeals. Application of 'William M. Hill for certiorari to Court of Appeals, to review and revise the judgment of said court rendered in the case of William M. Hill v. State of Alabama, 88 South. 295. The fault of the opposing attorney in retaining the bill for more than 90 days ought to estop him from, entering a motion to strike the hill, because not signed within the 90 days.
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Certiorari to Court of Appeals. Application of 'William M. Hill for certiorari to Court of Appeals, to review and revise the judgment of said court rendered in the case of William M. Hill v. State of Alabama, 88 South. 295. The fault of the opposing attorney in retaining the bill for more than 90 days ought to estop him from, entering a motion to strike the hill, because not signed within the 90 days. Section 3020, Code 1907, is not mandatory, but leaves it discretionary with the court whether it will strike. 64 Sduth. 651. No brief reached the Reporter.
1Opinion of the CourtSomerville, J.
[1] Section 3019 of the Code is mandatory in its requirement that bills of exceptions must, if correct, be signed by the trial judge within 90 days after the date of presentation; and bills not so signed must he stricken on proper and seasonable motion. Baker v. C. of G. Ry. Co., 165 Ala. 466, 51 South. 796; Buck Creek Lbr. Co. v. Nelson, 188 Ala. 243, 66 South. 476; Deason v. Gray, 189 Ala. 672, 66 South. 646; Sellers v. Dickert, 194 Ala. 661, 69 South. 604; T. C. I. & R. R. Co. v. Perry, 10 Ala. App. 371, 65 South. 91.
[2] Section 3020 of the Code is restrictive, and not enabling, and its…
2Cases cited7 opinions
- Box v. Southern Railway Co.Supreme Court of Alabama · 1913
- Deason v. GraySupreme Court of Alabama · 1914
- Buck Creek Lumber Co. v. NelsonSupreme Court of Alabama · 1914
- Sellers v. DickertSupreme Court of Alabama · 1915
- Baker v. Central of Georgia Railway Co.Supreme Court of Alabama · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Patterson v. AlabamaSupreme Court of the United States · 1935
- Beatty v. McMillanSupreme Court of Alabama · 1933
- Patterson v. StateSupreme Court of Alabama · 1934
- Jones v. StateSupreme Court of Alabama · 1939
- Ettore v. StateSupreme Court of Alabama · 1925
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