Craig v. Etheredge
| Decision Date | 15 May 1902 |
| Parties | CRAIG v. ETHEREDGE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Lawrence county; O. Kyle, Judge.
Action by J. N. Craig against B. T. Etheredge. From a judgment of the circuit court dismissing an appeal from a judgment of a justice in favor of defendant, plaintiff appeals. Affirmed.
The appellant, J. N. Craig, brought an action of detinue against the appellee, B. T. Etheredge, in a justice of the peace court. From a judgment in favor of the defendant the plaintiff appealed to the circuit court. In the circuit court the appeal was dismissed on motion made by the defendant. From the judgment dismissing the appeal the present appeal is prosecuted. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
D. C. Almon and Kirk & Rather, for appellant.
C. M. Sherrod and W. T. Lowe, for appellee.
This appeal is prosecuted to review a judgment of the circuit court dismissing, on motion, an appeal to that court from a judgment rendered by a justice of the peace. It is true the record contains a copy of a motion upon which the court is supposed to have acted when it rendered the judgment complained of. But it is not shown by the transcript that this motion had been enrolled upon the records of the circuit court by an order thereof. For aught appearing it was simply copied into the transcript from the motion docket or from the paper on file upon which it was written. Until an enrollment it is no part of the records of that court, and in order to make it a part of the record brought to this court it must be incorporated in a bill of exceptions. This not having been done, we are precluded from considering it. Without it before us, we cannot know upon what grounds the judge acted in rendering the judgment of dismissal. Ewing v. Wofford, 122 Ala. 439, 25 So. 251, and authorities cited.
Affirmed.
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