Bass Furnace Co. v. Glasscock
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cherokee. Tried before the Hon. John B. Tally. Tbis action was brought by Thomas Glasscock against tbe appellant, a private corporation, to recover damages for a breach of contract. On tbe trial, which occurred on tbe 11th July, 1888, tbe defendant reserved numerous exceptions to tbe rulings of tbe court; and it was ordered, as tbe judgment-entry recites, “that tbe defendant have sixty days in which to have bill of exceptions signed.”
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Appeal from tbe Circuit Court of Cherokee. Tried before the Hon. John B. Tally. Tbis action was brought by Thomas Glasscock against tbe appellant, a private corporation, to recover damages for a breach of contract. On tbe trial, which occurred on tbe 11th July, 1888, tbe defendant reserved numerous exceptions to tbe rulings of tbe court; and it was ordered, as tbe judgment-entry recites, “that tbe defendant have sixty days in which to have bill of exceptions signed.” On tbe 8th September, by an order of tbe presiding judge made in chambers, the time was extended “to tbe 8th October, 1888;”…
1Per curiam
The motion to strike tbe bill of exceptions from tbe record must be sustained. Tbe bill was signed November 27th, 1888. An order bad been made September 8th, 1888, extending tbe time for signing to October 8th, following. Tbis period of time elapsed without tbe signature of tbe judge having been obtained. On October 16th, 1888 — about eight days after the expiration of tbe time thus fixed — tbe court made another order, again extending tbe time to December 1st, following. Tbis was without authority, tbe power to extend given him by statute being functus officio. Tbe action of tbe judge should…
2Cited by11 opinions
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Ex parte BradshawSupreme Court of Alabama · 1911
- Rosson v. StateSupreme Court of Alabama · 1890
- Baker v. Central of Georgia Railway Co.Supreme Court of Alabama · 1910
- Alabama Mineral Railroad v. MarcusSupreme Court of Alabama · 1900
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