Box v. Southern Railway Co.
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. James E. Blackwood. Action by Mrs. S. E. Box and others against the Southern Railway Company for damages for setting out fire. Counsel discuss the issues raised by the assignments of error which are based upon the matters appearing in the bill of exception, but in view of the opinion of the court, it is not deemed necessary to here set them out.
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Appeal from St. Clair Circuit Court. Heard before Hon. James E. Blackwood. Action by Mrs. S. E. Box and others against the Southern Railway Company for damages for setting out fire. Counsel discuss the issues raised by the assignments of error which are based upon the matters appearing in the bill of exception, but in view of the opinion of the court, it is not deemed necessary to here set them out. The only-matters assigned for error are based upon matters properly to be shown by the bill of exceptions, and as the bill fails to show when it was presented to the trial judge it cannot be…
1Opinion of the CourtSomerville, J.
— Counsel for appellee call our attention, by supplemental brief, to the failure of the trial judge to indorse upon the bill of exceptions the date of its presentation to him. An examination of the bill discloses nothing from which the date of its presentation can be determined; but it affirmatively appears that the judgment was rendered on May 27, 1911, the motion for new1 trial overruled on June 2, 1911, and the bill of exceptions signed on Novemiber 3, 1911.
It is insisted that the bill of exceptions should be stricken by this court.
Under the decisions of this court the indorsement in…
2Cases cited2 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Hartselle & Co. v. WilhiteAlabama Court of Appeals · 1911
3Cited by27 opinions
- Beatty v. McMillanSupreme Court of Alabama · 1933
- Morris v. StateSupreme Court of Alabama · 1958
- Smith v. Birmingham Realty Co.Supreme Court of Alabama · 1922
- Brannan v. SherrySupreme Court of Alabama · 1916
- Patterson v. StateSupreme Court of Alabama · 1934
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