Foster v. Hightower

Supreme Court of Alabama

Foster v. Hightower

40 Ala. 295

DecidedJune 15, 1866

StatusPublished

This text of 40 Ala. 295 (Foster v. Hightower) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foster v. Hightower, 40 Ala. 295 (Ala. 1866).

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Opinion

BYBD, J.

It does not appear that the defendant excepted to the charge of the court. The words at the conclusion, “ and this is signed and sealed as plaintiff’s.bill of exceptions,” are not equivalent to an exception, though we might infer that the word “plaintiff’s” is a clerical mistake for “ defendant’s.” On the authority of Milton v. Rowland, (11 Ala. 732,) Mahoney v. O’Leary, (34 Ala. 97,) and other cases decided by this court, the judgment of the court below is affirmed.

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BYBD, J.

It does not appear that the defendant excepted to the charge of the court. The words at the conclusion, “ and this is signed and sealed as plaintiff’s.bill of exceptions,” are not equivalent to an exception, though we might infer that the word “plaintiff’s” is a clerical mistake for “ defendant’s.” On the authority of Milton v. Rowland, (11 Ala. 732,) Mahoney v. O’Leary, (34 Ala. 97,) and other cases decided by this court, the judgment of the court below is affirmed.

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Bluebook (online)

40 Ala. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-hightower-ala-1866.

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