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136 Ala. 616

Street v. Frank

Supreme Court of Alabama

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before the Hon. John Pelham. The appellee, G. G. Frank, instituted a suit in a justice of the peace court against one A. L. Bandolph and sued out an ancilliary writ of garnishment, which was served upon the Southern Bailway Co. Subsequent to the institution of said suit, the defendant Bandolph filed a claim of exemptions for the amount due him as wages from the garnishee, the Southern.

Cited by 3 later decisions — most recently May 1916

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

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DOWDELL, J.

¶1It is a settled rule of this court, that judgments appealed from, must appear in the transcript as a part of the record of the court below, and cannot be shown by bill of exceptions merely. In this case, it appears in the record proper as certified by the clerk, and to which part alone we can look for the judgment of the court appealed from. that, on June 5th, 1900, there was a judgment of dismissal of the certiorari, and subsequently on June 19th, 1900. there was another order or judgment of the court, setting aside the former judgment, These are the only judgments shown by the record proper. From this it appears that the cause stands in the court below undisposed of. There being no judgment from which to appeal, it necessarily follows that the appeal must be dismissed.

¶2Appeal dismissed.

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