In this case no judgment appears in the record proper, and according to repeated decisions of this court the recital of the judgment in the bill of exceptions cannot be considered. — Sivoly v. Scott et al., 56 Ala. 555, 557; Wright v. State, 136 Ala. 139, 145, 34 South. 233; Street et al. v. Frank, 136 Ala. 616, 33 South. 879; Thayer v. State, 138 Ala. 39, 48, 35 South. 406.

The appeal is dismissed.