Gwin v. Whitaker

Supreme Court of Alabama

Gwin v. Whitaker

40 Ala. 294

DecidedJune 15, 1866

StatusPublished

This text of 40 Ala. 294 (Gwin v. Whitaker) 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

Gwin v. Whitaker, 40 Ala. 294 (Ala. 1866).

Pincite

Opinion

BYED, J.

The judgment in this case was premature. Code, § 2698. "We cannot assent to tbe conclusion of tbe attorney for appellee, in bis learned argument, tbat tbe above section of tbe Code bas been modified or repealed by tbe statutes and rules of court to wbicb be refers. Tbe other questions having any merit, raised on tbe record and in' tbe argument of counsel, will not again arise in this case, in die same form as now presented, and we therefore see no necessity for their adjudication.

Let tbe cause be reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

BYED, J.

The judgment in this case was premature. Code, § 2698. "We cannot assent to tbe conclusion of tbe attorney for appellee, in bis learned argument, tbat tbe above section of tbe Code bas been modified or repealed by tbe statutes and rules of court to wbicb be refers. Tbe other questions having any merit, raised on tbe record and in' tbe argument of counsel, will not again arise in this case, in die same form as now presented, and we therefore see no necessity for their adjudication.

Let tbe cause be reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

40 Ala. 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwin-v-whitaker-ala-1866.