Pearce v. Clements
Supreme Court of Alabama
Appear from Clay Circuit Cpurt. Tried before lion. John Henderson. This was a statutory real action in tlie nature of ejectment, by Daniel C. Pearce against Benjamin A. Clements and Te,mpy Clements. The trial resulted in a verdict for the defendants, from which the plaintiff appealed. The facts, necessary to an understanding of the points decided, are sufficiently stated in the opinion.
1Opinion of the CourtSomerville, J.
— Bills of exceptions .are the mere creatures of statute, being entirely unknown to the common law, either in the criminal or civil procedure. When signed by the proper judicial officer, or established in the manner authorized by law, they become incorporated as a part of the several records in this court, to which they may respectively belong. An instrument purporting to be a bill of exceptions, without the signature of the presiding judge, unless properly established, will be disregarded, ex mero motu, as such by the appellate court. — Express Co. v. Black, 54 Ala. 177. So, if signed after…
2Cases cited14 opinions
- Bradley v. AndressSupreme Court of Alabama · 1857
- Chapman v. HoldingSupreme Court of Alabama · 1875
- Garlington v. JonesSupreme Court of Alabama · 1861
- Tuskaloosa County v. LoganSupreme Court of Alabama · 1874
- King v. MartinSupreme Court of Alabama · 1880
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3Cited by29 opinions
- Alabama Great Southern Railroad v. DobbsSupreme Court of Alabama · 1893
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
- Beal v. StateSupreme Court of Alabama · 1902
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Doe ex dem. Hooper v. ClaytonSupreme Court of Alabama · 1886
24 more not listed; retrieve them via the Exa API.