Kansas City, M. & B. R. Co. v. Randolph

• Decision Date: 05 April 1905
• Court: Alabama Supreme Court
• Parties: KANSAS CITY, M. & B. R. CO. v. RANDOLPH.

39 So. 920

KANSAS CITY, M. & B. R. CO. v. RANDOLPH.

Supreme Court of Alabama

April 5, 1905

Appeal from Circuit Court, Walker County; James J. Ray, Judge.

"Not officially reported."

Action between the Kansas City, Memphis & Birmingham Railroad Company and John B. Randolph. From the judgment, the former appeals. Affirmed.

Campbell & Walker, for appellant.

D. A. McGregor, for appellee.

DOWDELL, J.

There are three assignments of error in the record. None of these assignments are insisted on in argument. No reference is made to either one of them in brief of counsel for appellant.

The only question discussed in the brief is whether the judgment appealed from is void. It is contended that, as the act creating the 14th judicial circuit is void, on the authority of Henry Walker v. State (decided at the present term) 39 So. 242, the judgment here is void. It appears that the judgment was rendered on the 23d day of September, 1903, which was at a time authorized by law for holding the circuit court of Walker county (see Acts 1900-01, p. 646); and on the authority of Walker v. State, supra, the judgment was not void.

The assignments on the record not being insisted on, under the well-settled rule of this court they are to be considered as having been waived. The judgment will be affirmed.

Affirmed.

McCLELLAN, C.J., and HARALSON and DENSON, JJ., concur.