Supreme Court of Alabama, 1907

Fitts v. Phœnix Auction Co.

Supreme Court of Alabama · Decided December 19, 1907 · Anderson, Haralson, McClellan, Tyson

153 Ala. 635; 45 So. 150; 1907 Ala. LEXIS 162

Cases that cite this one

8 later published cases cite this decision.

Nashville, C. & St. L. Ry. v. Blackwell (Ala. 1918)
Bishop v. Big Sandy Lumber Co. (Ala. 1917)
Western Union Tel. Co. v. Emerson (Ala. Ct. App. 1914)
Kinnon v. L. & N. R. R. (Ala. 1914)
Alabama Great Southern Railway Co. v. Taylor (Ala. Ct. App. 1913)
Wheeler v. Fuller (Ala. Ct. App. 1912)
Carbon Hill & Lost Creek Coal Co. v. Cooper & Son (Ala. Ct. App. 1911)
Burton v. Phillips (Ala. Ct. App. 1911)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HARALSON, J.

— The defendants below, appellants, file 128 assignments of error, none of which are referred to in what purports to be brief of counsel, except 5. These assignments of error are not insisted on in argument by defendants’ counsel.

They do no more than refer to the assignments of error and counsel say in brief, that the court erred in these *636several matters, the insistance being no more, than that the court erred therein. This must be regarded as' a waiver of the several assignments. — Kenan v. Lindsay, 127 Ala. 273, 28 South. 570; Pearson v. Adams, 129 Ala. 169, 29 South. 977; Ashford v. Ashford, 136 Ala. 633, 34 South. 10, 96 Am. St. Rep. 82. There being no assignments of error insisted on in argument, they will be treated as waived.

Affirmed.

Tyson, C. J., and Anderson and McClellan, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.