Snider v. Penton

Alabama Court of Appeals

Snider v. Penton

84 So. 394, 17 Ala. App. 272, 1919 Ala. App. LEXIS 247

CourtAlabama Court of Appeals

DecidedDecember 16, 1919

Docket5 Div. 314.

StatusPublished

This text of 84 So. 394 (Snider v. Penton) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Snider v. Penton, 84 So. 394, 17 Ala. App. 272, 1919 Ala. App. LEXIS 247 (Ala. Ct. App. 1919).

Pincite

Opinion

SAMFORD, J.

The assignments of error are: First, the court erred in granting the motion of defendants to dismiss the case; second, the court erred in granting the motion of the defendants to quash the summons and dismissing the case. A reference to the record discloses the fact that the court neither dismissed the case nor granted a motion to quash the summons, but the judgment of the court as set out in the record is that the complaint be quashed and that the plaintiff be taxed with the costs. It will thus be seen that the assignments of error do not reach the rulings of the court actually made.

There being no assignments of error to the rulings made by the court, they must be taken as waived, and the judgment is affirmed.

Affirmed.

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SAMFORD, J.

The assignments of error are: First, the court erred in granting the motion of defendants to dismiss the case; second, the court erred in granting the motion of the defendants to quash the summons and dismissing the case. A reference to the record discloses the fact that the court neither dismissed the case nor granted a motion to quash the summons, but the judgment of the court as set out in the record is that the complaint be quashed and that the plaintiff be taxed with the costs. It will thus be seen that the assignments of error do not reach the rulings of the court actually made.

There being no assignments of error to the rulings made by the court, they must be taken as waived, and the judgment is affirmed.

Affirmed.

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Bluebook (online)

84 So. 394, 17 Ala. App. 272, 1919 Ala. App. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snider-v-penton-alactapp-1919.