Johnson v. Washburn
Supreme Court of Alabama
Appeal from Gadsden. City Court. Tried before tbe Hon. John H. Disque. This was an action brought by Tbos. L. Johnson, the appellant, against J. B. Washburn, the appellee, to recover an amount due by bond, or bill single, executed by said Washburn, payable to Ed. Ashley or order, which bore date 30th July, 1890, and was due the 25th of December thereafter, and transferred before maturity to the plaintiff.
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Appeal from Gadsden. City Court. Tried before tbe Hon. John H. Disque. This was an action brought by Tbos. L. Johnson, the appellant, against J. B. Washburn, the appellee, to recover an amount due by bond, or bill single, executed by said Washburn, payable to Ed. Ashley or order, which bore date 30th July, 1890, and was due the 25th of December thereafter, and transferred before maturity to the plaintiff. The suit was commenced on the 10th of December, 1891. The defendant filed three pleas: First, That said note was made payable to Ed. Ashley or order, and at the time it was made, and as a…
1Opinion of the CourtStone, C. J.
The judgment of the City Court, from which the present appeal was prosecuted, was rendered March 30, 1892. The bill of exceptions was signed May 30, 1892, precisely two months after the judgment was ren-*260clered. A motion is made by appellee to strike tbe bill of exceptions from tbe transcript because tbe same was signed and bears date at a time when tbe court bad no lawful authority to allow and sign tbe same. Tbe precise ground of tbis motion is made to rest on tbe language of tbe statute, “To establish tbe City Court of Gadsden,” approved February 18,1891. — Sess. Acts of 1890-91, pp.…
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- McNair v. CooperSupreme Court of Alabama · 1843
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