Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 11

Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...the sherilf is not necessary to a recover-y.--Morgan v. Wing, 58 Ala. 301; McGlathery v. Williams, 129 Ala. 247; Cable C0. Etc. 0. Grifiitts, 160 Ala. 315. Where the plaintifi is in possession under a forthcoming bond, evidence of the value of the property is not necessary.Dykes v. Clark, 98 Ala. 657. The laws of Alabama requiring foreign corporations to qualify to do business in this State are not applicable to interstate transactions.--(Jode of 1907, section 2396; Ware 1: . Hamilton Brown Shoe Co., 92 Ala. 145; Calberson v. American, E'tc., 107 Ala. 457; Cook v. Rome Brick Company, 98 Ala. 409; Padgett v. Gulfport Fertilizer Co. Parsons Willis Lbr. Co. o. Stuart, 182 Fed. 779; Bamberger c. Schoolfield, 160 U. S. 149, 167; Lee o. Intendent and Town Council of LaFayette, 153 Ala. 675; Crenshaw o. Arkansas, 227 U. S. 389; Leloup 12. Port of Mobile, 127 U. S. 640. THOMAS, J.--At common law, prior to the enactment of the statute of Westminster (St. 13 Ed. I, c. 3), the only errors reviewable on a writ of error were such as were apparent on the face of the record proper, which consisted of the pleadings, process, verdict, and judgment. Exceptions to the rulings of the court during the progress of the trial, based, as they were, on oral or parol matters, formed no part of the record, and could not therefore be reviewed. With a view of remedying this condition and of providing a means for such review in civil cases, the English statute cited was passed, which is the origin of bills of exceptions, whose functions have now been extended in this and other jurisdictions to criminal cases also.--3 Ency. Pl. & Pr. 373; 2 Mayf. Dig. 480; Code, 3018, and citations there. A bill of exceptions may, consequently, be defined as "a formal...show more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236974638
  • 9781236974631