130 Ala. 275 | Ala. | 1900
At the time this appeal was taken, the petition of the Supreme Lodge, Knights of Pythias, etc., for rehearing under 'sections 3342 et seq. of the Code, was pending in the Coosa circuit court. The judge had considered the petition on the question of granting a supersedeas, had entered an order denying the writ, and had directed that the clerk of the court file the papers therein; and this had been done. These were then the papers pertaining to a proceeding in this cause, and as such they should have been copied into the transcript for the court. T'hisi was not done, but the omission has been 'supplied by agreement of parties; and the cause is now to be considered as if the papers in this proceeding for a rehearing had been transcribed into the record before us in the first instance.
In response to the application for rehearing in this case, the court cites the case of Ex parte Farquhar, 99 Ala. 375.