Legal Opinion

Mobile Light R. Co. v. Thomas

Alabama Court of Appeals

Decided November 13, 1917No. 1 Div. 216Published

Appeal from Law and Equity Court, Mobile County; Saffold Berney, Judge. Action by Elijah Thomas against the Mobile Light & Railroad Company. From a judgment for plaintiff, defendant appeals. Affirmed.

1Opinion

On Application for Rehearing.

2Per curiam

The appellant questions the soundness of the holdings in the cases cited in the foregoing opinion, to the effect that charges which do not appear in the record proper, hut appear in the bill of exceptions, are not properly presented for review. The ground on which appellant questions these holdings is that special charges requested by the parties and given or refused and properly indorsed as required by the statute are not made thereby a part of the record ■ proper, and can only become a part of the record by being incorporated in the bill of exceptions.

The…

3Cases cited18 opinions

  1. Ex parte KnightSupreme Court of Alabama · 1878
  2. Smith v. StateSupreme Court of Alabama · 1880
  3. Choate v. Alabama Great Southern R. R.Supreme Court of Alabama · 1911
  4. Odum v. Rutledge & Julian RailroadSupreme Court of Alabama · 1891
  5. Lipscomb v. McClellanSupreme Court of Alabama · 1882

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API