Wood's Adm'r v. Brown
Supreme Court of Alabama
Writ of Error to the County Court of Dallas. The defendant in error moves to strike the bill of exceptions from the record, on the ground that it was signed and sealed by the presiding judge after he had adjourned his Court for the term.
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Writ of Error to the County Court of Dallas. The defendant in error moves to strike the bill of exceptions from the record, on the ground that it was signed and sealed by the presiding judge after he had adjourned his Court for the term. The facts are substantially these, viz: Certain questions were reserved at the trial, and a bill, of exceptions was drawn up by the defendant’s counsel, and handed to the judge during the term; as usual in such cases, the judge gave it to the plaintiff’s counsel, who then, or not long afterwards, requested that time might be allowed for examining and noting…
1Opinion of the CourtCollier, C. J.
By the act of 20th December, 1844, it is enacted, “ that hereafter it shall not be lawful for any of the judges of the Circuit or County. Courts to give or sign bills of exception, after the adjournment of the Court, at which they may preside, at which the exception may be taken: Provided however, by the consent, of counsel reduced to writing, a longer time may be allowed, not to extend beyond ten days from the adjournment of said Court.” Further, “ it shall be the duty of éach judge of the Circuit and County Courts, when they sign bills of exceptions, to add thereto the correct date of such…
2Cited by11 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Baker v. Central of Georgia Railway Co.Supreme Court of Alabama · 1910
- Kitchen v. MoyeSupreme Court of Alabama · 1849
- Markland v. AlbesSupreme Court of Alabama · 1886
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