Efurd v. Loeb & Brother
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. Tbe entire transcript in this case is made out in the form of a bill of exceptions, commencing this : “ The State of Alabama, Barbour county; Circuit Court, Spring Term, 1887. Be it known that, at said term of said court, in the case of J. Loéb & Brother v. Mary A. Efurd, the following proceedings were had;” first setting out the summons and complaint, in which the plaintiffs declared on…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. Tbe entire transcript in this case is made out in the form of a bill of exceptions, commencing this : “ The State of Alabama, Barbour county; Circuit Court, Spring Term, 1887. Be it known that, at said term of said court, in the case of J. Loéb & Brother v. Mary A. Efurd, the following proceedings were had;” first setting out the summons and complaint, in which the plaintiffs declared on several promissory notes executed by the defendant, containing a waiver of exemptions, and promising to pay a reasonable…
1Opinion of the CourtStone, C. J.
— There is nothing in the present record to enable us to determine what is, and what .is not, the bill exceptions. , It either embraces the whole transcript, or it embraces nothing. It is in substantially the same, condition as was- the transcript in the case of Weems v. Weems, 69 Ala. 104. We said in that case, that- we could not regard it as a bill of exceptions.
If we were to '.treat the whole transcript as a bill of exceptions, it could not help the appellant. It contains what purports to be a copy of the judgment-entry, and no' allusion is made in it to the ruling on the demurrers. The…
2Cases cited7 opinions
- Petty v. DillSupreme Court of Alabama · 1875
- Smith v. StateSupreme Court of Alabama · 1880
- Tyree v. Parham'sSupreme Court of Alabama · 1880
- Parker v. RoswaldSupreme Court of Alabama · 1885
- Weems v. WeemsSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Powell v. Henry & Co.Supreme Court of Alabama · 1892
- Peters v. StateSupreme Court of Alabama · 1893
- Steele v. SavageSupreme Court of Alabama · 1887