Crews v. State
| Decision Date | 19 May 1921 |
| Docket Number | 4 Div. 890 |
| Citation | 89 So. 205,206 Ala. 101 |
| Parties | CREWS et al. v. STATE ex rel. PATTERSON, Solicitor. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Barbour County; J.S. Williams, Judge.
Bill by the State of Alabama, on the relation of T.M. Patterson, its Solicitor, against Helen Crews and another, to condemn land because of the operation by them, or knowingly permitting the operation, of a distillery for the making of contraband liquors. From a decree of condemnation, respondents appeal. Reversed and remanded.
McDowell & McDowell, of Eufaula, for appellants.
Harwell G. Davis, Atty. Gen., for appellee.
The rule must now be regarded as settled that in all cases tried in the circuit court, sitting in equity, though the testimony be heard orally by the judge under the Act of September 22, 1915 (Gen. Acts 1915, p. 705), rule 75 must be observed, and that in the absence from the record of a note of testimony, as prescribed by that rule, no testimony can be considered either by the trial judge or by this court on appeal. Lunday v. Jones, 204 Ala. 326, 85 So. 411; Five Hundred Sacks of Feed v. State of Alabama, 87 So. 348; Brassell v. Brassell, 87 So. 347.
There being no testimony properly before the trial court, there was nothing to support the decree, and the decree must accordingly be reversed, and the cause remanded for another trial.
The writer concurs in this result only because the law has been thus settled by a majority of the court, and is no longer open to question.
Reversed and remanded.
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Conner v. State
...will be reversed by this court on appeal, as there was no testimony properly before either court to sustain the decree. Crews v. State, 206 Ala. 101, 89 So. 205; Lunday v. Jones, 204 Ala. 326, 85 So. Brassell v. Brassell, 205 Ala. 201, 87 So. 347; Hymes v. State, 209 Ala. 91, 95 So. 383. Bu......
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Broglan v. City of Huntsville
... ... of the Code, ... p. 930. The recital in the record of the "Note of ... Testimony" is: ... "The State of Alabama, Madison County. Circuit Court in ... Equity. City of Huntsville, Alabama, a Municipal Corporation, ... Complainant, v. William Broglan, ... Jones, 204 Ala. 326, 85 So. 411; ... Brassell v. Brassell, 205 Ala. 201, 87 So. 347; ... Blackburn v. Moore, 206 Ala. 335, 89 So. 745; ... Crews v. State ex rel. Patterson, Sol., 206 Ala ... 101, 89 So. 205; Conner v. State ex rel. Perry, Dep ... Sol., 212 Ala. 360, 102 So. 809 ... ...
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Hymes v. State
... ... register." We find no proof in the record. We find no ... note of testimony in the transcript. This was necessary. Rule ... 75 of chancery practice is mandatory, and must be observed ... This rule has been held to apply to all cases tried in the ... circuit court, sitting in equity (Crews et al. v. State ... ex rel., 206 Ala. 101, 89 So. 205), and is therefore ... applicable to this cause (Blackburn v. Moore, 206 ... Ala. 335, 89 So. 745; Beck v. Burchfield, 205 Ala ... 486, 88 So. 417; Coleman v. Birmingham F. Co. [Ala ... Sup.] 93 So. 904). There is no testimony in the ... ...
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Jones v. Moore
...will not be considered by the trial judge, nor will it be considered by this court. Rule 75, vol. 4, Code 1923, p. 930; Crews v. Patterson, 206 Ala. 101, 89 So. 205; Brassell v. Brassell, 205 Ala. 201, 87 So. 347; Hundred Sacks of Feed, 205 Ala. 315, 87 So. 348; Lunday v. Jones, 204 Ala. 32......