Lillich v. Moore

• Decision Date: 16 June 1896
• Citation: 20 So. 452,112 Ala. 532
• Parties: LILLICH ET AL. v. MOORE.
• Court: Alabama Supreme Court

20 So. 452

112 Ala. 532

LILLICH ET AL. v. MOORE.

Supreme Court of Alabama

June 16, 1896

Appeal from circuit court, Walker County; James J. Banks, Judge.

Proceeding to contest an election by J. D. Moore against L. Lillich and others. From the judgment rendered, defendants appeal. Affirmed.

H. L. Wattington and Wm. H. Smith, for appellants.

Coleman & Bankhead, for appellee.

McCLELLAN, J.

Moore instituted a statutory contest of the election of Lillich, McDonald, Tipper, and Townly to the board of aldermen of the town of Carbon Hill. At the hearing before the circuit judge, there was judgment in favor of McDonald, and against the other three contestants, Lillich, Tipper, and Townly. That judgment has been brought here on appeal by all four of the contestees, Lillich, McDonald, Tipper, and Townly; and they jointly, as appellants, assign the errors supposed to have been committed by the court below. It is clear that, whatever errors may have been committed, they in no sense or degree were of injury to McDonald, since no judgment went against him below, but, to the contrary, the judgment there was in his favor. We know of no exception to the rule that, when errors injurious to some of the appellants only are assigned by them all jointly, they are not available to work a reversal, and will not be considered by the court. Kimbrell v. Rogers, 90 Ala. 339, 7 So. 241; Rudulph v. Brewer, 96 Ala. 189, 11 So. 314; Beachman v. Manufacturing Co. (Ala.) 18 So. 314. The judgment of the circuit court must be affirmed.