Jones v. Miller
Cases that cite this one
9 later published cases cite this decision.
- Atlantic American Life Insurance Co. v. Hamilton (Ala. Civ. App. 1972)
- Coca-Cola Bottling Co. v. Hammac (Ala. Civ. App. 1972)
- Crowe v. Crowe (Ala. Civ. App. 1972)
- May v. May (Ala. Civ. App. 1972)
- Kyzer v. Kyzer (Ala. Civ. App. 1972)
- Hertz Corp. v. Patriot General Insurance, No. Cv 960559870 (Jan. 28, 1998) (Connecticut Superior Court 1998)
- Agency Rent-A-Car v. Itt Hartford Acc., No. Cv-93-0530573-S (Oct. 23, 1997) (Connecticut Superior Court 1997)
- State v. Smith (Ala. 1969)
- Wiggins v. Stapleton Baptist Church (Ala. 1969)
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
This appeal is from a judgment for the defendant in an action for malicious prosecution.
After all the evidence had been preT sented, both for the plaintiff and defendant, the judge gave the written affirmative charge at the request of defendant.
Appellee has filed a motion to affirm the judgment of the trial court, assigning as a ground that appellant’s assignments of error in this case do not reflect the page or pages of the transcript of the record on which the ruling of the trial court made the basis of the assignment of error is recorded.
Appellant makes two assignments of error, neither of which complies with Supreme Court Rule 1, revised on March 21, 1966, and found in 279 Ala. XXIII. Rule 1 provides that “each assignment shall list the page or pages of the transcript of the record on which the ruling is recorded.”
This Court has held that the above-noted provision of Revised Rule 1 is mandatory. National Finance Co. v. Rowe, 281 Ala. 658, 207 So.2d 133. Therefore, we have no alternative but to affirm the judgment of the trial court.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.