Fountain v. State
Supreme Court of Alabama
Appeal from Decatur City Court. Tried before tbe Hon. W. H.. Simpson. Tbe defendant in tbis case, John Fountain, was indicted for selling two oxen, upon wbicb be bad given a mortgage, witb tbe purpose of bindering, delaying or defrauding tbe mortgagee, (§ 3835 of Code). Tbe evidence, on tbe trial, showed tbat, on Dec. tbe 15tb, 1890, tbe defendant bought of one, Marks, a yoke of oxen, and a wagon, and, to secure a debt of $125.00 to Marks, made a mortgage to him, upon tbe…
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Appeal from Decatur City Court. Tried before tbe Hon. W. H.. Simpson. Tbe defendant in tbis case, John Fountain, was indicted for selling two oxen, upon wbicb be bad given a mortgage, witb tbe purpose of bindering, delaying or defrauding tbe mortgagee, (§ 3835 of Code). Tbe evidence, on tbe trial, showed tbat, on Dec. tbe 15tb, 1890, tbe defendant bought of one, Marks, a yoke of oxen, and a wagon, and, to secure a debt of $125.00 to Marks, made a mortgage to him, upon tbe same, besides another wagon, and another yoke of oxen, (a red ox and a brown ox), already in tbe possession of tbe…
1Opinion of the CourtMcCLELLAN, J.
What purports to be a motion for a new trial and affidavits filed in support thereof, are copied in the transcript before us. This motion and these affidavits are, of course, no'part of the record of the trial court. Nor are they embodied in or shown by the bill of exceptions taken on the trial. Presented as they are, they are not presented at all in legal contemplation for revision by this court. We may say, however, that had the motion, the evidence in support of it, the judgment of the City Court upon it, and the exception to that judgment been properly shown by the bill of exceptions, the…
2Cases cited1 opinion
- Cobb v. MaloneSupreme Court of Alabama · 1890
3Cited by8 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- Braham v. StateSupreme Court of Alabama · 1904
- Campbell v. StateSupreme Court of Alabama · 1901
- Coates v. StateAlabama Court of Appeals · 1911
- Harbour v. StateSupreme Court of Alabama · 1903
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