Peters v. Nolen
Alabama Court of Appeals
Appeal from Tallapoosa Circuit Court. Heard before Hou. S. L. Brewer. Detinue and assumpsit by G. P. Nolen against E. M.. Peters. Judgment for plaintiff and defendant appeals. Submitted on motion to dismiss the appeal and on the merits.
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Appeal from Tallapoosa Circuit Court. Heard before Hou. S. L. Brewer. Detinue and assumpsit by G. P. Nolen against E. M.. Peters. Judgment for plaintiff and defendant appeals. Submitted on motion to dismiss the appeal and on the merits. The motion was entered November 21, 1911, and is as follows: “The appellee moves the court to dismiss the appeal in this case on the following grounds: The judgment appealed from was rendered August 11, 1910, and the appeal was taken March 10, 1911, to the term of the court then in session, and the record was not filed until April 27, 1911, after the last case…
1Opinion of the CourtWalkeb, P. J.
The transcript having been filed during the term to which the appeal was returnable, and the motion to dismiss the appeal because of the failure to fill the transcript within the time prescribed by the rule of practice on the subject (rule 41, Code, p. 1517) not having been made within the time allowed by that rule, that motion must be overruled.—Street v. Street, 113 Ala. 333, 21 South. 138.
The record contains no bill of exceptions. The giving of a written charge which is set out in the record is assigned as error. Bulings on changes cannot be reviewed on appeal where they are not showm by a…
2Cases cited3 opinions
- Dannelley v. StateSupreme Court of Alabama · 1900
- Street v. StreetSupreme Court of Alabama · 1896
- Milner Coal & Railroad v. WigginsSupreme Court of Alabama · 1904
3Cited by3 opinions
- Payne v. StateAlabama Court of Appeals · 1914
- Peters v. NolenAlabama Court of Appeals · 1914
- Thompson v. ColeAlabama Court of Appeals · 1912