Randall v. Worthington
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action of assumpsit, brought by the appellant against the appellee. On the trial of the case there were verdict and judgment in favor of the plaintiff. A few days after the rendition of the judgment, there was a motion made by the defendant to be granted a new trial, assigning several grounds for said motion.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action of assumpsit, brought by the appellant against the appellee. On the trial of the case there were verdict and judgment in favor of the plaintiff. A few days after the rendition of the judgment, there was a motion made by the defendant to be granted a new trial, assigning several grounds for said motion. The bill of exceptions contains the following recitals as to the action of the court upon said motion: “Whereupon the court took the same under advisement, and on January 6th, 1902, the court…
1Opinion of the CourtSharpe, J.
A judge granting a new1 trial is matter of record in the trial court, and on appeal therefrom the judgment should appear either in the transcript of the record proper, or be set out in the bill of exceptions in accordance with section 434 of the Code of 1896. Nowhere in the transcript submitted on this appeal is there such a judgment set out. The statement contained in the bill of exceptions that “the court granted said motion and set aside the verdict of the jury and granted the defendant a new trial,” is insufficient to present a judgment for review.
Therefore, the appeal must be dismissed.
2Cited by8 opinions
- Clements v. HodgensSupreme Court of Alabama · 1923
- Dees v. Lindsey Mill Co.Supreme Court of Alabama · 1923
- Ex Parte BrandonSupreme Court of Alabama · 1943
- Irby v. KaiglerAlabama Court of Appeals · 1912
- State v. GriffinSupreme Court of Alabama · 1967
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