Union India Rubber Co. v. Mitchell
Supreme Court of Alabama
Appeal from the -'Circuit Court .of Dallas. Tried before the -Hon. Nat. Cook. The appellant in this case, having recovered judgment against Jones & Co., (a mercantileffirm in Selma, composed of Abner Jones and William Ickes,) sued out jfrocess of garnishment on it, and summoned John T. Morgan, the administrator of William M. Murphy, deceased, as the debtor of said Jones & Co., or either of them.
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Appeal from the -'Circuit Court .of Dallas. Tried before the -Hon. Nat. Cook. The appellant in this case, having recovered judgment against Jones & Co., (a mercantileffirm in Selma, composed of Abner Jones and William Ickes,) sued out jfrocess of garnishment on it, and summoned John T. Morgan, the administrator of William M. Murphy, deceased, as the debtor of said Jones & Co., or either of them. The garnishee answered ; admitting that said Jones had presented to him, as administrator, several claims against his intestate, amounting in the aggregate to about $507 ; stating that lie had been…
1Opinion of the CourtStone, J.
The bill of exceptions found in this record is without date ; and the record contains no. evidence that it was signed in term time, or within ten days afterwards, pursuant to written consent of the parties for that purpose. Code, § 2358. A motion has been made to exclude the bill of exceptions; and under these circumstances, a majority of the court nold, that the exceptions cannot be regarded as apart of the record. — Kitchen v. Moye, 17 Ala. 143 ; Haden v. Brown, 22 Ala. 572; Cox v. Whitfield, 18 Ala. 738.
*317[2.] The bill of exceptions being excluded, the case is brought clown to narrow limits.…
2Cases cited3 opinions
- Kitchen v. MoyeSupreme Court of Alabama · 1849
- Cox's Adm'r v. WhitfieldSupreme Court of Alabama · 1851
- Haden v. BrownSupreme Court of Alabama · 1853
3Cited by8 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Crowe v. Corporation of Charles TownWest Virginia Supreme Court · 1907
- Baker v. Central of Georgia Railway Co.Supreme Court of Alabama · 1910
- Markland v. AlbesSupreme Court of Alabama · 1886
- Morris v. Brannen & SonsSupreme Court of Alabama · 1893
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