Logan v. Adams Machine Co.

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before the Hon. S. H. Sprott. This 'was a statutory action of detinue brought by the appellee against the appellants, to recover certain pieces of machinery, together with the value of the hire and use during their detention. The defendants filed several special pleas, in which they set up the failure of consideration, and pleaded set off: and recoupment. The record shows that the plaintiff moved to strike these several pleas from the file.

Cited by 2 later decisions — most recently November 1904

2 state decisions

Relies on Central of Georgia Railway Co. v. Joseph · Randall v. Wadsworth · Cottingham v. Greely Barnham Grocery Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

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TYSON, J.

¶1There are a number of assignments of error upon the record, but all of them, except the last one, which is not insisted upon, are as to matters that should have been presented by bill of exceptions. Indeed the only ones that seem to be insisted on in brief of counsel for appellant are those involved in the action of the court in striking pleas 3-, 4 and 5 upon motion of plaintiff. With no bill of exceptions in the record the rulings of the court in this respect cannot be reviewed. Holley v. Coffee, 123 Ala. 406; Central of Ga. Ry. Co. v. Joseph, 125 Ala. 313; Cottingham v. Greely-Barnham Grocery Co., 129 Ala. 200; Randall v. Wadsworth, 130 Ala. 633; 3 Ency. Pl. & Pr. 400, 401; Elliott on App. Procedure, § 816.

¶2Affirmed.